Pennsylvania
Recreational
Use
Statutes
PENNSYLVANIA STATUTES
TITLE 68: REAL AND PERSONAL PROPERTY
CHAPTER 11: USES OF PROPERTY
SECTION 477: RECREATION USE OF LAND AND WATER
● 477-1. Purpose; liability
The purpose of this act is to encourage owners of land to make land
and water areas available to the public for recreational purposes by
limiting their liability toward persons entering thereon for such
purposes.
● 477-2. Definitions
As used in this act:
(1) "LAND" means land, roads, water, watercourses, private ways and
buildings, structures and machinery or equipment when attached to
the realty.
(2) "OWNER" means the possessor of a fee interest, a tenant, lessee,
occupant or person in control of the premises.
(3) "Recreational purpose" includes, but is not limited to, any of
the following, or any combination thereof: hunting, fishing,
swimming, boating, camping, picnicking, hiking, pleasure driving,
nature study, water skiing, water sports, cave exploration and
viewing or enjoying historical, archaeological, scenic, or
scientific sites.
(4) "CHARGE" means the admission price or fee asked in return for
invitation or permission to enter or go upon the land.
● 477-3. Duty to keep premises safe;
warning
Except as specifically recognized or provided in section 6 of this
act, an owner of land owes no duty of care to keep the premises safe
for entry or use by others for recreational purposes, or to give any
warning of a dangerous condition, use, structure, or activity on
such premises to persons entering for such purposes.
● 477-4. Assurance of safe premises;
duty of care; responsibility, liability
Except as specifically recognized by or provided in section 6 of
this act, an owner of land who either directly or indirectly invites
or permits without charge any person to use such property for
recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose.
(2) Confer upon such person the legal status of an invitee or
licensee to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to
persons or property caused by an act of omission of such persons.
● 477-5. Land leased to State or
subdivision
Unless otherwise agreed in writing, the provisions of sections 3 and
4 of this act shall be deemed applicable to the duties and liability
of an owner of land leased to the State or any subdivision thereof
for recreational purposes.
● 477-6. Liability not limited
Nothing in this act limits in any way any liability which otherwise
exists:
(1) For wilful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity.
(2) For injury suffered in any case where the owner of land charges
the person or persons who enter or go on the land for the
recreational use thereof, except that in the case of land leased to
the State or a subdivision thereof, any consideration received by
the owner for such lease shall not be deemed a charge within the
meaning of this section.
● 477-7. Construction of act
Nothing in this act shall be construed to:
(1) Create a duty of care or ground of liability for injury to
persons or property.
(2) Relieve any person using the land of another for recreational
purposes from any obligation which he may have in the absence of
this act to exercise care in his use of such land and in his
activities thereon, or from the legal consequences of failure to
employ such care.
● 477-8. Repealer
The act of September 27, 1961 (P.L. 1696), entitled * * * [section
1629 of Title 12], is repealed.
All other acts or parts of acts are repealed in so far as
inconsistent herewith.
ADDITIONAL INFORMATION:
Text of Code also available at
http://members.aol.com/StatutesP1/68.Cp.11.html
NOTE: This is a link to a private website and is not an official
site maintained by the Pennsylvania State Government.
Land Laws
After the original idea and intent... the whole premise of Roxtreme is built on these statutes.
Insurance for extreme sports and music venues is very costly and many skate parks and other similar venues close each year due mainly to the cost of running the facility - mostly insurance costs.
Roxtreme does not have insurance and relies on the protection these statutes provides. You are riding or participating, you do so at your own own risk.
Roxtreme charges nothing to ride or participate. Roxtreme is rider designed, constructed and maintained. In addition a waiver will be required for each participant.
Are you from another state?
All 50 states have similar provisions. Visit International Mountain Bicycling Association OR the American Whitewater for lots of supporting information about land use laws.
We feel there could (should) be many more facilities like Roxtreme across the county if these laws were common knowledge.