§ 8339.1. Railroad civil immunity.
(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:
(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.
(2) Incur any duty of care toward a trespasser entering or going on railroad property
without the railroad carrier's consent.
(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.
(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.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Trespasser." A person who enters onto railroad property without any right, lawful authority or
the express consent of the railroad.
(July 15, 2004, P.L.691, No.74, eff. 60 days)
2004 Amendment. Act 74 added section 8339.1.
Notes of Decisions
Wood v. Nat'l R.R. Passenger Corp. (E.D. Pa. 2020).
· cites it 2× “42 Pa. Cons. Stat. § 8339.1 (a)–(c). While the determination of whether a person is a trespasser is typically one of fact for the jury, “[w]here the evidence is insufficient to support an issue, however, it may be appropriate for the court to remove that issue from the jury.”
King v. Nat'l R.R. Passenger Corp. (E.D. Pa. 2024).
· cites it 2× “” 42 Pa. C.S. § 8339.1(a). The Railroad Civil Immunity Statute defines a trespasser as “[a] person who enters onto railroad property without any right, lawful authority or the express consent of the railroad.”
Long, C. v. Bethany Child.'s Home (Pa. Super. Ct. 2021).
“ook affirmative steps to cure any harm before the jury; and where Bethany never moved for a mistrial nor accepted the trial court’s multiple sua sponte offers to Bethany to declare a mistrial? Whether the trial court erred and/or committed an abuse of discretion in granting…”
— 42 Pa. Cons. Stat. § 8339.1(a) — 1 case
King v. Nat'l R.R. Passenger Corp. (E.D. Pa. 2024).
“” 42 Pa. C.S. § 8339.1(a). The Railroad Civil Immunity Statute defines a trespasser as “[a] person who enters onto railroad property without any right, lawful authority or the express consent of the railroad.”
— 42 Pa. Cons. Stat. § 8339.1(b) — 1 case
King v. Nat'l R.R. Passenger Corp. (E.D. Pa. 2024).
“” 42 Pa. C.S. § 8339.1(a). The Railroad Civil Immunity Statute defines a trespasser as “[a] person who enters onto railroad property without any right, lawful authority or the express consent of the railroad.”
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