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§ 8339.1. Railroad civil immunity

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: September 13, 2004

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 83. Particular Rights and Immunities (Refs & Annos)
Subchapter C. Immunities Generally
Effective: September 13, 2004
42 Pa.C.S.A. § 8339.1
§ 8339.1. Railroad civil immunity
Currentness
(a) General rule.--A railroad carrier owes no duty of care to keep its railroad property safe for entry or use by any trespasser who enters upon any railroad property or railroad right-of-way or to give any warning to such trespasser entering or going on that railroad property of a dangerous condition, use or activity thereon. Except as set forth in subsection (b), a railroad carrier shall not:
(1) Be presumed to extend any assurance to a trespasser entering or going on railroad property without the railroad carrier's consent that the railroad property is safe for any purpose.
(2) Incur any duty of care toward a trespasser entering or going on railroad property without the railroad carrier's consent.
(3) Become liable for any injury to a trespasser entering or going on railroad property without the railroad carrier's consent caused by an act or omission of such trespasser.
(b) Limitation.--Nothing in this section limits in any way any liability which otherwise exists for willful or wanton failure to guard or warn against a dangerous condition, use or activity.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Trespasser.” A person who enters onto railroad property without any right, lawful authority or the express consent of the railroad.

Credits

2004, July 15, P.L. 691, No. 74, § 2, effective in 60 days [Sept. 13, 2004].
42 Pa.C.S.A. § 8339.1, PA ST 42 Pa.C.S.A. § 8339.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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