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Old 12-20-2004, 10:21 AM
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quiksilver
Giant Nontypical
 
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Join Date: Feb 2003
Posts: 5,716
Default RE: Feel Violated

Be careful doing that G-town.

In PA, we have enacted 68 P.S. ยง 477-3 which provides that "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."

Generally, you will be immunized from any action by any permittee or trespasser for any accidents that happen on your land, so long as the trespasser was using your land for recreational activities. Friedman v. Grand Cent. Sanitation, Inc., 571 A.2d 373 (Pa. Super. 1990).

However, I think it has been held that landowner immunity might go out the window once a hazardous condition has been intentionally created. Friedman v. Grand Cent. Sanitation, Inc., 571 A.2d 373 (Pa. Super. 1990).

Many other states have similar statutes.

I agree with you, ATV riders are absolutely out of control, and I think while the law, as drafted above, DOES protect innocent landowners, many recreationists interpret it as a carte-blanche invitation to do whatever they want wherever they want, because they are doing so at their own risk. While I don't think a fishermen or a hunter will do much damage to my property so long as they clean up their mess, the ATV's are loud, intrusive and leave a mess in their wake.

I've seen more posters go up around home due to ATV trespassing than for any other reason. They drink and drive, they maim themselves, they destroy other people's property. . . . I'll quit ranting now.
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