PRINTER'S NO. 2626
No. 1908 Session of 2007
INTRODUCED BY ROHRER, BENNINGHOFF, BARRAR, CAPPELLI, CAUSER,
CLYMER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FAIRCHILD,
GODSHALL, GOODMAN, HERSHEY, HESS, HORNAMAN, HUTCHINSON,
MAHONEY, MANTZ, MENSCH, PEIFER, PICKETT, RAPP, REED,
REICHLEY, ROAE, SAYLOR, SCHRODER, SIPTROTH, SONNEY, STERN,
SURRA AND SWANGER, OCTOBER 15, 2007
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
OCTOBER 15, 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 for landowners
6 to recreational users; and providing for attorney fees and
7 court costs.
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.]:
1 (1) recreational users; and
2 (2) persons or property, wherever located, based on:
3 (i) acts of omission by landowners; or
4 (ii) acts or acts of omission by recreational users.
5 Section 2. Section 2 of the act, amended March 26, 1992
6 (P.L.27, No.10), is amended to read:
7 Section 2. As used in this act:
8 (1) "Land" means land, roads, water, watercourses, private
9 ways and buildings, amenities, structures, boating access and
10 launch ramps, bridges, fishing piers, boat docks, ramps, paths,
11 paved or unpaved trails, hunting blinds, and areas providing
12 access to, or parking for, lands and waters, including, but not
13 limited to, access ramps, trails or piers for use by persons
14 with disabilities, and machinery or equipment when attached to
15 the realty. The term applies to such areas and physical objects
16 whether they are in an unimproved condition or a condition
17 improved by manmade effort, whether they are large or small in
18 size and whether they are located in a rural or an urban area.
19 (2) "Owner" means the possessor of a fee interest, a tenant,
20 lessee, occupant or person in control of the premises.
21 (3) "Recreational purpose" means any activity undertaken or
22 viewed for exercise, sport, education, recreation, relaxation or
23 pleasure and includes, but is not limited to, any of the
24 following, or any combination thereof: hunting, fishing,
25 swimming, boating, camping, picnicking, hiking, pleasure
26 driving, snowmobiling, all-terrain vehicle and motorcycle
27 riding, nature study, water skiing, water sports, cave
28 exploration and viewing or enjoying historical, archaeological,
29 scenic, or scientific sites.
30 (4) "Charge" means the admission price or fee asked in
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1 return for invitation or permission to enter or go upon the
2 land. The term shall not include in-kind contributions or
3 contributions made to an owner of real property which are de
4 minimis and given in consideration for making the real property
5 available for recreation purposes.
6 (5) "Recreational user" means any person who enters or uses
7 land for a recreational purpose.
8 (6) "Willful or malicious" means, in reference to an owner
9 of real property, an actual or deliberate intention by the owner
10 to cause harm or which, if not intentional, shows an utter
11 indifference to or conscious disregard for the safety of others.
12 Section 3. Sections 3, 4, 6 and 7 of the act are amended to
13 read:
14 Section 3. Except as specifically recognized or provided in
15 section 6 of this act, an owner of land owes no duty of care to
16 keep the premises safe for entry or use by [others for
17 recreational purposes] recreational users, or to give any
18 warning of a dangerous condition, use, structure, or activity on
19 such premises to [persons entering for such purposes]
20 recreational users.
21 Section 4. Except as specifically recognized by or provided
22 in section 6 of this act, an owner of land who either directly
23 or indirectly invites or permits without charge any [person]
24 recreational user to use such property [for recreational
25 purposes] does not thereby:
26 (1) Extend any assurance that the premises are safe for any
27 purpose.
28 (2) Confer upon such [person] recreational user the legal
29 status of an invitee or licensee to whom a duty of care is owed.
30 (3) Assume responsibility for or incur liability for any
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1 injury to persons or property, wherever such persons or property
2 are located, caused by an act or an act of omission of [such
3 persons] a recreational user or an act of omission of a
4 landowner.
5 Section 6. Nothing in this act limits in any way any
6 liability which otherwise exists:
7 (1) For wilful or malicious failure to guard or warn against
8 a dangerous condition, use, structure, or activity.
9 (2) For injury suffered in any case where the owner of land
10 charges the [person or persons] recreational user or users who
11 enter or go on the land [for the recreational use thereof],
12 except that in the case of land leased to the State or a
13 subdivision thereof, any consideration received by the owner for
14 such lease shall not be deemed a charge within the meaning of
15 its section.
16 Section 7. Nothing in this act shall be construed to:
17 (1) Create a duty of care or ground of liability for injury
18 to persons or property.
19 (2) Relieve any [person using the land of another for
20 recreational purposes] recreational user from any obligation
21 which he may have in the absence of this act to exercise care in
22 his use of such land and in his activities thereon, or from the
23 legal consequences of failure to employ such care.
24 Section 4. The act is amended by adding a section to read:
25 Section 7.1. The court shall award attorney fees and direct
26 legal costs to an owner, lessee, manager, holder of an easement
27 or occupant of real property who is found not to be liable for
28 the injury to a person or property pursuant to this act.
29 Section 5. This act shall take effect in 60 days.
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