8339.1 - Railroad civil immunity.

     § 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.