Landowner Liability...

Landowner Liability

The Commonwealth of Pennsylvania HAS recognized the benefits of open space in one very significant way.

Americans in general, and Pennsylvanians in particular, participate and value outdoor recreation. Recreational user in Pennsylvania number not in the thousands, or hundreds of thousands, but in the millions. Pennsylvania licenses almost a million hunters annually. Pennsylvania State Parks saw 33.6 million visitors in 2010. The Great Allegheny Passage Rail Trail sees 750,000 visits per year on it 132 miles. The 21 mile York Heritage Rail Trail saw 394,823 visitors in 2007. Many statistics such as this can be found in the publication “Economic Benefits of Tourism, Recreation, Trails, Conservation and Healthy Living”, by the Pennsylvania Environmental Council. Like all statistics, the statistics found in this publication can be used in different ways. However, this publication, which can be found on the web, compiles statistics from many reputable sources and, no matter how you slice it, the numbers are impressive. Total economic impact of tourism in Pennsylvania is estimated at 32.9 billion and supports an estimate 433,000 jobs.

With this much outdoor recreation taking place, you would think the Commonwealth was covered in public lands. The truth is, there are no more than about 4 million acres of public land, including State Forests, State Parks, State Game Lands, and the Allegheny National Forest. The majority of recreational land remains in private hands. Given the number of people taking the field every year, someone is bound to twist an ankle, break an arm or leg, or simply fall off a log. It is essential that landowners feel comfortable that they will be protected from liability if they allow public access for recreation.

The Act

In 1966, the Pennsylvania Legislature passed Act No. 586 of 1966, known as the Recreation Use of Land and Water Act (RULWA). RULWA was aimed at encouraging landowners to make their lands available to the public for recreational use. RULWA promotes this goal by limiting landowner liability for injuries that occur on the land as a result of recreational activity.

Persons Covered

Landowners entitled to RULWA protection are owners, tenants, lessees, occupants or persons in control of the land on which the public is recreating. This would obviously include an individual, and the courts have extended RULWA protection to the Commonwealth and political subdivisions. Owners of easements such as utilities are also protected if they exercise sufficient control over the land.

Activities Covered

RULWA defines recreational purposes to include, but not be limited to, 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. Pennsylvania courts have also included bicycling, snowmobiling and joy riding.

Land Covered

RULWA defines land to include roads, water, watercourses, private ways and buildings, structures and machinery or equipment. Courts have concluded that "buildings" and "structures," mean "ancillary structures attached to open space lands made available for recreation and not to enclosed recreational facilities in urban regions." It is this character of the land as “improved” or “unimproved” that is often determinative of whether or not RULWA applies. Recent cases indicate the courts look to many factors to determine whether RULWA applies. These factors are use, size, location, openness and extent of improvement, as well as whether the property has been devoted to exclusive public recreation.

Exceptions

No law would be complete if it did not include exceptions. RULWA preserves landowner liability for "willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity." Someone cannot ignore obvious dangers they know about (such as an open well) on their property when allowing persons to recreate, but must take some reasonable steps (such as signs) to warn persons of the hazard. In addition, RULWA does not apply where the landowner has charged the plaintiff a fee or admission price to use the land. If an owner leases his land to a hunting club, RULWA would not apply. However, if an owner allows the public to use his land free of charge, she does not lose the benefits of RULWA immunity simply because the users may organize some event which incidentally involves payment. It should be emphasized that no part of this payment can go to the owner and that the payment must not be for recreational use of the property, but rather would be incidental to the event. Bingo at a church picnic would be fine. A “big buck” pool among a group of hunters would not impact on RULWA. However, allowing “free” use of premises but insisting on a “membership” would be problematic and likely abrogate RULWA immunity.

If you are thinking about allowing public recreation and wish to take advantage of the Act’s protection, keep in mind the following:

1. Don’t charge a fee.
2. If you think it’s dangerous, post a warning (even if you are not sure whether it is obvious).
3. If you build something, or change the natural landscape, do it safely, and maintain its safety.

These common sense rules should allow a landowner the peace of mind to allow hunting on their land.

THIS IS INTENDED AS GENERAL INFORMATION AND NOT AS LEGAL ADVICE OR INFORMATION REGARDING INSURANCE POLICIES. NO INFORMATION SHEET OF THIS TYPE CAN ADEQUATELY ADDRESS EVERY INDIVIDUAL CIRCUMSTANCE. IF YOU HAVE SPECIFIC QUESTIONS ABOUT YOUR INDIVIDUAL CIRCUMSTANCES, PROPERTY, INSURANCE POLICY OR OTHER QUESTIONS YOU SHOULD CONSULT YOUR OWN ATTORNEY OR CALL YOUR INSURANCE COMPANY.