Recreational Property Act Bars Liability for City in Historic District Fall

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Mayor and Aldermen of City of Savannah v. McLamb, [Ms. A25A0936, Aug. 15, 2025] __ Ga. App. __ (2025). The court (Rickman, P.J.; Gobeil and Davis, JJ., concur) reverses the trial court’s denial of summary judgment, holding that the Georgia Recreational Property Act (RPA), OCGA § 51-3-20 et seq., bars Plaintiff’s negligence claim against the City.

Plaintiff tripped on a raised paver while walking through Savannah’s National Historic Landmark District after a sightseeing tour. The court concludes that both her activity—viewing historic scenery—and the nature of the city-owned sidewalk were recreational under the RPA. It rejects the trial court’s ruling that the statute was unconstitutional as applied, reaffirming prior precedent that the RPA’s liability protections serve a legitimate governmental interest and do not violate equal protection. Ms. **2–4.

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