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Old 01-07-2008 | 12:04 PM
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Germ
Boone & Crockett
 
Joined: Sep 2005
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From: Michigan/Ohio
Default RE: Public Land - a curse or a blessing?

ORIGINAL: quiksilver

PA does have this law - and YES there was a case wherea district or common pleas court permitted recovery against the landowner. Case is currently docketed for appeal and will be promptly overturned. Word on the street is that the defense attorney never raised the statute as a defense, and the judge was also unaware - treated it as a garden-variety PI case. Oops. [:-]

Props to you for knowing that. I'm impressed.
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Here's the PA code, just for anyone who wants to print it out and keep it handy. Always helps to give a copy to the landowners.

68 P.S. § 477-3

Purdon's Pennsylvania Statutes and Consolidated Statutes

Title 68 P.S. Real and Personal Property


[/align]Uses of Property
Recreational Use of Land and Water



[/align]§ 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."



[/align]Additional details in 68 P.S. § 477-4:

"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 recreationalpurposes 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.

(4) Assume responsibility for or incur liability for any injury to persons or property, wherever such persons or property are located, caused while hunting as defined in 34 Pa.C.S. § 102 (relating to definitions)."
My issue and issue of others is not fact being sued and loosing, it's being sued and having to pay for the court cost.

We were sued about Granddad leaving the farm to us. We had to pay to protect ourselves, did we win

yes and no[&:]
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