{"data":{"id":"us-pa/42-pa.c.s.-8339.1","jurisdiction":"us-pa","citation":"42 Pa.C.S. § 8339.1","heading":"Railroad civil immunity.","body":"(a) General rule.--A railroad carrier owes no duty of care to keep its railroad property safe for entry or use by any trespasser who enters upon any railroad property or railroad right-of-way or to give any warning to such trespasser entering or going on that railroad property of a dangerous condition, use or activity thereon. Except as set forth in subsection (b), a railroad carrier shall not:\n(1) Be presumed to extend any assurance to a trespasser entering or going on railroad property without the railroad carrier's consent that the railroad property is safe for any purpose.\n(2) Incur any duty of care toward a trespasser entering or going on railroad property without the railroad carrier's consent.\n(3) Become liable for any injury to a trespasser entering or going on railroad property without the railroad carrier's consent caused by an act or omission of such trespasser.\n(b) Limitation.--Nothing in this section limits in any way any liability which otherwise exists for willful or wanton failure to guard or warn against a dangerous condition, use or activity.\n(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:\n\"Trespasser.\" A person who enters onto railroad property without any right, lawful authority or the express consent of the railroad.","path":["Title 42 - JUDICIARY AND JUDICIAL PROCEDURE","PART VII CIVIL ACTIONS AND PROCEEDINGS","CHAPTER 83 PARTICULAR RIGHTS AND IMMUNITIES","SUBCHAPTER C IMMUNITIES GENERALLY"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=42\u0026div=0\u0026chpt=83\u0026sctn=39\u0026subsctn=1","current_through":"2026-08-03 (Statute Update stamp, 42 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:33:14Z","sha256":"067f8d394bebd2779a2bffc51cb67aa45df111b2fcdd6b1e17acb2b55aeb4ebc","source_id":"us-pa","stale":false,"prev":"us-pa/42-pa.c.s.-8339","next":"us-pa/42-pa.c.s.-8340"},"notice":"GroundRules: Original legal text. Not legal advice."}