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*, 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 5.
Unless otherwise agreed in writing, the provisions of sections 3 and 4
of this act shall be deemed applicable to the duties and liability of an
owner of land leased to the State or any subdivision thereof for recreational
purposes.
Section 6.
Nothing in this act limits in any way any liability which otherwise exists:
(1) For wilful 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
* The words "Cave Exploration" were added to this act by
the act of 1992-10, signed by Gov. Robert P. Casey on March 26, 1992,
thus cave eploration became a covered activity.
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