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Pennsylvania Landowner Liability Act
No.
586, HB 1005, signed into law Feb. 2, 1966 Encouraging
landowners to make land and water areas available to the public for recreational
purposes by limiting liability in connection therewith, and repealing certain
acts. The
General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section
1.
The purpose of this act is to encourage owners of land to make land and water
areas available to the public for recreational purposes by limiting their
liability toward persons entering thereon for such purposes. Section
2.
As used in this act: (1)
"Land" means land, roads, water, watercourses, private ways and
buildings, structures and machinery or equipment when attached to the realty. (2)
"Owner" means the possessor of a fee interest, a tenant, lessee,
occupant or person in control of the premises. (3) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, water sports, cave exploration 1 , and viewing or enjoying historical, archaeological, scenic, or scientific sites. (4)
"Charge" means the admission price or fee asked in return for
invitation or permission to enter or go upon the land. Section
3.
Except as specifically recognized or provided in section 6 of this act, an owner
of land owes no duty of care to keep the premises safe for entry or use by
others for recreational purposes, or to give any warning of a dangerous
condition, use, structure, or activity on such premises to persons entering for
such purposes. Section
4.
Except as specifically recognized by or provided in section 6 of this act, an
owner of land who either directly or indirectly invites or permits without
charge any person to use such property for recreational purposes does not
thereby: (1)
Extend any assurance that the premises are safe for any purpose. (2)
Confer upon such person the legal status of an invitee or licensee to whom a
duty of care is owed. (3)
Assume responsibility for or incur liability for any injury to persons or
property caused by an act of omission of such persons.
Section
6.
Nothing in this act limits in any way any liability which otherwise exists: (1)
For willful or malicious failure to guard or warn against a dangerous condition,
use, structure, or activity. (2)
For injury suffered in any case where the owner of land charges the person or
persons who enter or go on the land for recreational use thereof, except that in
the case of land leased to the State of a subdivision thereof, any consideration
received by the owner for such lease shall not be deemed a charge within the
meaning of its section. Section
7.
Nothing in this act shall be construed to: (1)
Create a duty of care or ground of liability for injury to persons or property. (2)
Relieve any person using the land of another for recreational purposes from any
obligation which he may have in the absence of this act to exercise care in his
use of such land and in his activities thereon, or from the legal consequences
of failure to employ such care. Section
8.
The act of September 27, 1961 (P.L. 1696), entitled "An act limiting the
liability of landowners of agriculture lands or woodlands for personal injuries
suffered by any person while hunting or fishing upon the landowner's
property," is repealed. All
other acts or parts of acts are repealed in so far as inconsistent herewith. Section
9.
This act shall take effect immediately. Approved
- The 2nd day of February, A.D. 1966 William
W. Scranton 1.
The words "Cave Exploration" were added to this act by the act of
1992-10, signed by Gov. Robert P. Caseyon March 26, 1992.
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