Managing Liability

Guide to Pennsylvania's Recreational Use of Land and Water Act

A Law Limiting the Liability of Those Who Open Their Land to the Public

The Recreational Use of Land and Water Act limits the liability of property owners who open their land to the public for recreation. This guide describes the immunity provided to owners in regards to claims of personal injury and loss of property and reviews relevant case law.

Last Modified
Jun 17, 2019
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Indemnity Agreements and Liability Insurance

Protection From Claims Brought by Third Parties

An individual or organization’s risk of being held liable for personal injury or property damage may be shifted to another party who agrees to accept the risk and who holds liability insurance or sufficient assets to back up the acceptance of the risk. A release agreement guards against a successful lawsuit by the person signing the release; an indemnity agreement, in contrast, ensures that if some other person sues, the indemnifying party will be responsible for handling the claim.

Last Modified
Dec 07, 2023
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Overview of Pennsylvania’s Recreational Use of Land and Water Act

The Act limits the liability of property owners who open their land for public recreation, providing them protections against claims of personal injury and property loss.

Last Modified
Jun 17, 2019
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Reducing Liability Associated with Public Access

Public access to property for recreational uses–such as hiking, bird watching, fishing and hunting–raises concern about the possibility of liability on account of injury to a recreational user. Pennsylvania law provides some protection from liability associated with public use of property for recreational purposes. Also there are practical steps that can be taken to minimize risk of liability.

Last Modified
Jan 14, 2014
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38759 times

Release of Liability Form

A Tool to Reduce the Risk of Claims for Personal Injury or Property Loss

A properly designed release of liability form signed by a volunteer or participant in an activity can reduce liability risks of the organizing or hosting organization.

Last Modified
Oct 31, 2019
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52677 times

Separate Entity to Hold Riskier Properties

Some real property is substantially riskier than other property for an organization to hold and manage, perhaps because of environmental contamination (or suspicion of the same), perhaps because of more intense public use, perhaps for some other reason. Depending on just how great the perceived risk, the organization may want to consider isolating its exposure to that risk by establishing a separate organization—wholly controlled by the founding organization—to hold the riskier property.

Last Modified
Jun 29, 2023
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601 times