PRINTER'S NO. 965
No. 825 Session of 2007
INTRODUCED BY KASUNIC, M. WHITE, LAVALLE, O'PAKE, BROWNE,
BRUBAKER, ERICKSON, FOLMER, FONTANA, GORDNER, LOGAN,
RAFFERTY, ROBBINS, STOUT, WASHINGTON, WAUGH, D. WHITE AND
WOZNIAK, MAY 3, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 3, 2007
AN ACT
1 Amending the act of February 2, 1965 (P.L.1860, No.586),
2 entitled "An act encouraging landowners to make land and
3 water areas available to the public for recreational purposes
4 by limiting liability in connection therewith, and repealing
5 certain acts," further providing for liability of landowners
6 toward recreational users, persons or property for acts or
7 acts of omission by recreational users.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 1 of the act of February 2, 1965
11 (P.L.1860, No.586), entitled "An act encouraging landowners to
12 make land and water areas available to the public for
13 recreational purposes by limiting liability in connection
14 therewith, and repealing certain acts," is amended to read:
15 Section 1. The purpose of this act is to encourage owners of
16 land to make land and water areas available to the public for
17 recreational purposes by limiting their liability toward
18 [persons entering thereon for such purposes.]:
19 (1) recreational users entering thereon for such purposes or
1 their property that sustains any damage on the land; and
2 (2) persons or property, wherever located, based on acts or
3 acts of omission by recreational users.
4 Section 2. Section 2 of the act is amended by adding a
5 paragraph to read:
6 Section 2. As used in this act:
7 * * *
8 (5) "Recreational user" means any person who enters or uses
9 land for a recreational purpose.
10 Section 3. Sections 3, 4, 6 and 7 of the act are amended to
11 read:
12 Section 3. Except as specifically recognized or provided in
13 section 6 of this act, an owner of land owes no duty of care to
14 keep the premises safe for entry or use by [others for
15 recreational purposes] recreational users, or to give any
16 warning of a dangerous condition, use, structure, or activity on
17 such premises to [persons entering for such purposes]
18 recreational users.
19 Section 4. Except as specifically recognized by or provided
20 in section 6 of this act, an owner of land who either directly
21 or indirectly invites or permits without charge any [person]
22 recreational user to use such property [for recreational
23 purposes] does not thereby:
24 (1) Extend any assurance that the premises are safe for any
25 purpose.
26 (2) Confer upon such [person] recreational user the legal
27 status of an invitee or licensee to whom a duty of care is owed.
28 (3) Assume responsibility for [or incur liability for any
29 injury to persons or property caused by an act of omission of
30 such persons.] any of the following that is caused by an act or
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1 an act of omission of a recreational user:
2 (i) Any injury to any recreational user or any damage to the
3 property of any recreational user that is sustained on such
4 land.
5 (ii) Any injury to persons or any damage to property,
6 wherever such persons or property are located.
7 Section 6. Nothing in this act limits in any way any
8 liability which otherwise exists:
9 (1) For wilful or malicious failure to guard or warn against
10 a dangerous condition, use, structure, or activity.
11 (2) For injury suffered in any case where the owner of land
12 charges the [person or persons] recreational user or users who
13 enter or go on the land [for the recreational use thereof],
14 except that in the case of land leased to the State or a
15 subdivision thereof, any consideration received by the owner for
16 such lease shall not be deemed a charge within the meaning of
17 its section.
18 Section 7. Nothing in this act shall be construed to:
19 (1) Create a duty of care or ground of liability for injury
20 to persons or property.
21 (2) Relieve any [person using the land of another for
22 recreational purposes] recreational user from any obligation
23 which he may have in the absence of this act to exercise care in
24 his use of such land and in his activities thereon, or from the
25 legal consequences of failure to employ such care.
26 Section 4. This act shall take effect in 60 days.
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