Introduction

This article examines Georgia statutes concerning assumption of risk specific to athletic and training environments in the context of fitness instruction.

Scenario

A fitness instructor leads a CrossFit class at a gym on Riverside Drive in Macon, Georgia. The instructor demonstrates an advanced Olympic weightlifting movement and encourages a beginner student to attempt it with heavy weight. The student, trying to keep up with the class, attempts the lift without proper form and suffers a severe back injury. The instructor had not assessed the student’s skill level or provided modifications for beginners.

Georgia Law

Assumption of Risk in Athletic Activities

Georgia Code § 51-1-49: “The owner or operator of a recreational sports facility shall not be liable to any person for any injuries resulting from the inherent risks of engaging in recreational sports activities at such facility. As used in this Code section, ‘inherent risks of engaging in recreational sports activities’ means those dangers or conditions which are characteristic of, intrinsic to, or an integral part of recreational sports activities.”

General Negligence Standard

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Professional Standard of Care

Georgia Code § 51-1-27: “In all cases involving allegations of professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.”

Premises Liability

Georgia Code § 51-3-1: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Conclusion

The scenario describes a student injured during fitness instruction in Macon, Georgia. Georgia Code § 51-1-49 addresses assumption of risk in recreational sports. Georgia Code § 51-1-2 establishes the general duty of care. These statutes establish the framework for fitness instructor liability under Georgia law.

FAQ

Q: What does Georgia Code § 51-1-49 state about recreational sports liability? A: Georgia Code § 51-1-49 states facilities “shall not be liable to any person for any injuries resulting from the inherent risks of engaging in recreational sports activities.”

Q: How does Georgia Code § 51-1-49 define inherent risks? A: Georgia Code § 51-1-49 defines them as “those dangers or conditions which are characteristic of, intrinsic to, or an integral part of recreational sports activities.”

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: Where are recreational liability laws found in the Georgia Code? A: Recreational liability laws are found in Georgia Code Title 51, Chapter 1.

Q: Does Georgia Code § 51-1-27 apply to fitness professionals? A: Georgia Code § 51-1-27 applies to “all cases involving allegations of professional malpractice.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.