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§ 5621. Limitation on liability of persons making land available for trail use

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part IV. Conservation and Land Development
Chapter 108. Rails to Trails Act
32 P.S. § 5621
§ 5621. Limitation on liability of persons making land available for trail use
Currentness
(a) General rule.--Except as specifically recognized or provided in subsection (d), an owner or lessee who provides the public with land for use as a trail under this act or who owns land adjoining any trail developed under this act owes no duty of care to keep the land safe for entry or use by others for recreational purposes, or to give any warning to persons entering or going on that trail land of a dangerous condition, use, structure or activity thereon.
(b) Owner.--Any person, public agency or corporation owning an interest in land utilized for recreational trail purposes pursuant to this act shall be treated as an “owner” for purposes of the act of February 2, 1966 (1965 P.L. 1860, No. 586),1 entitled “An act 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.”
(c) Specific limitations on liability.--Except as specifically recognized by or provided in subsection (d), an owner or lessee who provides the public with land under this act shall not, by providing that trail or land:
(1) be presumed to extend any assurance that the land is safe for any purpose;
(2) incur any duty of care toward a person who goes on that land; or
(3) become liable for any injury to persons or property caused by an act or an act of omission of a person who goes on that land.
(d) Exception.--
(1) This section shall not apply to the owner or lessee of the land used as a trail if there is any charge made or usually made for entering or using the trail or land, or any part thereof.
(2) This section shall not apply to the owner of land adjoining a trail if there is any charge made or usually made by the owner of such adjoining land for using the trail or land, or any part thereof, or if any commercial or other activity relating to the use of the trail whereby profit is derived from the patronage of the general public is conducted on such adjoining land, or on any part thereof, provided, however, that nothing in this section shall be construed to authorize an adjoining land owner claiming an interest in an available railroad right-of-way to charge for or inhibit the use of such a right-of-way as a recreational trail.
(3) Nothing in this act limits in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.

Credits

1990, Dec. 18, P.L. 748, No. 188, § 11, effective in 90 days.

Footnotes

1
68 P.S. § 477-1 et seq.
32 P.S. § 5621, PA ST 32 P.S. § 5621
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document