Simon Law Firm October 2018

UNDERSTANDING GEORGIA’S RECREATIONAL-USE STATUTE Law in Real Life

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As autumn sweeps through Georgia, hunters and wildlife enthusiasts gear up for another exciting season in the woods. But as you pack up your gear for your next hunting trip, make sure you’ve brushed up on some important outdoor recreation laws so you can avoid harmful and confusing situations like the following case.

Who’s to blame when a hunter dies on someone else’s land?

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An owner of some land in Georgia leased it out to another man who was interested in starting a hunting club. The terms of this contract specified that the land could be used by the lessee for hunting and included language that allowed others onto the land if they were hunting. The lessee allowed another man onto the land to scout for future hunting trips, but, unfortunately, the man accidentally drove his ATV over a boarded-up well, fell into it, and died. The man’s wife filed a lawsuit against the landowner, but the defendant claimed that since the woman’s husband was on the land under the terms of the lease and for hunting purposes, the incident was nothing more than a horrible accident and that the recreational- use statute protected him from liability. In Georgia, the recreational-use statute states that a landowner who allows another person to use their land for recreational wildlife purposes — such as hunting or fishing — is not liable for personal injuries resulting from the unsafe conditions of the land. The court dismissed the wife’s claims under the recreational-use statute, explaining that the terms in the lease were met, even though the husband was scouting to hunt rather than actually hunting. The court determined there was no difference, and if the plaintiff’s husband wasn’t there for hunting, he was a trespasser. In this case, the landowner would have no responsibility for the man’s actions. The recreational-use statute is just one Georgia law intended to protect landowners and hunters this season. Learn more about laws applied in real cases by visiting the Simon Law Firm’s blog online at atlanta-injury-attorney-blog.com . If you do find yourself injured this hunting season, contact us for a free consultation by calling 404-259-7635 .

Haunted Pumpkin

HomemadeMarshmallows

INGREDIENTS

3 packages unflavored gelatin

1 1/2 cups granulated sugar

1 tablespoon pure vanilla extract Powdered sugar, to coat

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1 cup light corn syrup 1/4 teaspoon kosher salt

DIRECTIONS 1. In a mixing bowl, combine gelatin and 1/2 cup cold water. Let sit while you make the syrup. 2. In a small saucepan over medium heat, combine sugar, syrup, salt, and 1/2 cup water until the sugar dissolves. 3. Raise heat to high and bring syrup up to 240 F, using a candy thermometer to check for temperature. 4. With an electric whisk on low speed, slowly whisk syrup into gelatin mixture. Switch speed to high and whip for 15 minutes, until very thick. Fold in vanilla after whipping. 5. Dust a nonmetal baking dish with powdered sugar and spoon mixture into dish. Smooth mixture, top with more powdered sugar, and let stand uncovered overnight. 6. Cut into squares, decorate, and serve.

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