1Amending the act of February 2, 1965 (P.L.1860, No.586),
2entitled "An act encouraging landowners to make land and
3water areas available to the public for recreational purposes
4by limiting liability in connection therewith, and repealing
5certain acts," further providing for liability for landowners
6to recreational users; and providing for attorney fees and
7court costs.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 1 of the act of February 2, 1965 
11(P.L.1860, No.586), entitled "An act encouraging landowners to
12make land and water areas available to the public for
13recreational purposes by limiting liability in connection
14therewith, and repealing certain acts," amended June 30, 2007
15(P.L.42, No.11), is amended to read:

16Section 1. The purpose of this act is to encourage owners of
17land to make land and water areas available to the public for
18recreational purposes by limiting their liability to:

19(1) recreational users; and

1(2) persons or property, wherever located, based on:

2(i) acts of omission by landowners; or

3(ii) acts or acts of omission by recreational users.

4Section 2. Section 2 of the act, amended July 7, 2011 
5(P.L.254, No.47), is amended to read:

6Section 2. As used in this act:

7(1) "Land" means land, roads, water, watercourses, private
8ways and buildings, amenities, structures, boating access and 
9launch ramps, bridges, fishing piers, boat docks, ramps, paths, 
10paved or unpaved trails, hunting blinds, and areas providing 
11access to, or parking for, lands and waters, including, but not 
12limited to, access ramps, trails or piers for use by persons 
13with disabilities, and machinery or equipment when attached to
14the realty. The term applies to those areas and physical objects 
15whether they are in an unimproved condition or a condition 
16improved by manmade effort, whether they are large or small in 
17size and whether they are located in a rural or an urban area.

18(2) "Owner" means the possessor of a fee interest, a tenant,
19lessee, occupant or person in control of the premises.

20(3) "Recreational purpose" means any activity undertaken or 
21viewed for exercise, sport, education, recreation, relaxation or 
22pleasure and includes, but is not limited to, any of the
23following, or any combination thereof: hunting, fishing,
24swimming, boating, recreational noncommercial aircraft 
25operations or recreational noncommercial ultralight operations 
26on private airstrips, camping, picnicking, hiking, pleasure
27driving, snowmobiling, all-terrain vehicle and motorcycle 
28riding, nature study, water skiing, water sports, cave
29exploration and viewing or enjoying historical, archaeological,
30scenic, or scientific sites.

1(4) "Charge" means the admission price or fee asked in
2return for invitation or permission to enter or go upon the
3land. The term shall not include in-kind contributions or 
4contributions made to an owner of real property that are de 
5minimis and given in consideration for making the real property 
6available for recreation purposes.

7(5) "Recreational user" means a person who enters or uses
8land for a recreational purpose.

9(6) "Willful or malicious" means, in reference to an owner
10of real property, an actual or deliberate intention by the owner
11to cause harm or which, if not intentional, shows an utter
12indifference to or conscious disregard for the safety of others.

13Section 3. Section 3 of the act is amended to read:

14Section 3. Except as specifically recognized or provided in
15section 6 of this act, an owner of land owes no duty of care to
16keep the premises safe for entry or use by [others for
17recreational purposes] recreational users, or to give any
18warning of a dangerous condition, use, structure, or activity on
19such premises to [persons entering for such purposes]
20recreational users.

21Section 3. Section 4 of the act, amended June 30, 2007
22(P.L.42, No.11), is amended to read:

23Section 4. Except as specifically recognized by or provided
24in section 6 of this act, an owner of land who either directly
25or indirectly invites or permits without charge any [person]
26recreational user to use such property [for recreational
27purposes] does not thereby:

28(1) Extend any assurance that the premises are safe for any
29purpose.

30(2) Confer upon such [person] recreational user the legal

1status of an invitee or licensee to whom a duty of care is owed.

2(3) Assume responsibility for or incur liability for any
3injury to persons or property caused by an act of omission of
4[such persons] a recreational user or landowner.

5(4) Assume responsibility for or incur liability for any
6injury to persons or property, wherever such persons or property
7are located, caused while hunting as defined in 34 Pa.C.S. § 102
8(relating to definitions).

9Section 5. Sections 6 and 7 of the act are amended to read:

10Section 6. Nothing in this act limits in any way any
11liability which otherwise exists:

12(1) For wilful or malicious failure to guard or warn against
13a dangerous condition, use, structure, or activity.

14(2) For injury suffered in any case where the owner of land
15charges the [person or persons] recreational user or users who
16enter or go on the land [for the recreational use thereof],
17except that in the case of land leased to the State or a
18subdivision thereof, any consideration received by the owner for
19such lease shall not be deemed a charge within the meaning of
20its section.

21Section 7. Nothing in this act shall be construed to:

22(1) Create a duty of care or ground of liability for injury
23to persons or property.

24(2) Relieve any [person using the land of another for
25recreational purposes] recreational user from any obligation
26which he may have in the absence of this act to exercise care in
27his use of such land and in his activities thereon, or from the
28legal consequences of failure to employ such care.

29Section 6. The act is amended by adding a section to read:

30Section 7.1. The court shall award attorney fees and direct

1legal costs to an owner, lessee, manager, holder of an easement
2or occupant of real property who is found not to be liable for
3the injury to a person or property pursuant to this act.

4Section 7. This act shall take effect in 60 days.