Municipalities across Pennsylvania face increasing demand to provide public access to parks, trails, and natural open spaces. Fortunately, Pennsylvania law offers strong liability protection for municipalities and private landowners who open their land to the public for recreational purposes.
The Recreational Use of Land and Water Act (referenced as the “Recreational Act”) was enacted to encourage landowners, including municipalities, to open their land for public recreation. In exchange, the law provides these landowners immunity from liability for injuries that may occur on their land. This protection applies only when the land is made available free of charge, and the land is used for recreational purposes such as hiking, fishing, biking, or general outdoor enjoyment. Most importantly, the Act removes the common law duty of reasonable care that landowners typically owe to visitors. This means that landowners are generally not liable for injuries unless the injured party can prove that the landowner acted willfully or maliciously.
Although the Act doesn’t define “willful,” Pennsylvania courts have clarified the standard. In Stanton v. Lackawanna Energy, Ltd. (Pa. Super. Ct. 2003), the court explained that willful conduct requires actual knowledge of a dangerous condition, and that the danger is not obvious to people entering the land. This is a high bar to meet and is intended to shield landowners from lawsuits based on accidents that occur on natural or minimally developed land.
While the Recreation Act broadly defines “land,” Pennsylvania courts have drawn a line between unimproved natural land (which is protected) and improved recreational facilities (which may not be). In Pagnotti v. Lancaster Township, the Commonwealth Court found that a township was not liable when a child drowned at a creek on township property, even though the land included some improvements like a pavilion and bike path. The court considered: 1) whether the land was urban or rural; 2) the type of recreational activity involved; and 3) the extent and character of the land’s development. Because the area remained largely open and natural, and was used for general recreation, the court upheld the township’s immunity under the Recreation Act.
While the Recreational Use of Land and Water Act significantly limits liability exposure for municipalities and landowners, it does not eliminate the potential for legal costs. Even if a municipality ultimately prevails under the protections of the Act, defending a claim may still require substantial resources, including attorneys’ fees, court costs, and time spent by municipal staff. Immunity from liability does not equate to immunity from litigation itself. Plaintiffs can still file lawsuits, and municipalities must be prepared to respond and defend their position. For this reason, maintaining thorough documentation, adhering to established safety and maintenance policies, and promptly notifying insurance or risk management providers remain essential steps to help control defense costs and strengthen the municipality’s legal position.
By design, the Recreational Use of Land and Water Act strikes a balance between encouraging public enjoyment of outdoor spaces and protecting municipalities from undue liability. When land is made available free of charge and remains largely unimproved, the Act—together with Pennsylvania’s Tort Claims Act—offers municipalities strong legal protections. As clarified by Pennsylvania courts, these protections apply so long as the municipality has not engaged in willful or malicious conduct and the land retains its natural character. Understanding and applying these principles allows municipalities to promote recreation while minimizing legal exposure.
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