Reducing Liability

CO Statute on Parental Waiver of Liability

2003
Organizations/Sources: Colorado General Assembly
The Colorado General Assembly, in order to maximize the recreational and other opportunities available to children amended Part 1 of article 22 of title 13, Colorado Revised Statutes in 2003 to add § 13-22-107. This section provides that the parent of a child may, on behalf of the child, release or waive the child's prospective claim for negligence.
Last Modified
Feb 01, 2012
Viewed
3570 times

Davis v. City of Philadelphia 1/13/2010 Decision

2010
A PA Commonwealth Court decision filed 1/13/2010 pertaining to the Recreational Use of Land and Water Act. The decision is a positive outcome for landowners who make their land available for outdoor public recreation.
Last Modified
Apr 26, 2011
Viewed
5250 times

Easement Holder Enjoys Same RULWA Immunity as Land Owner

Organizations/Sources: The Legal Intelligencer
An article from The Legal Intelligencer Online highlights a recent ruling securing liability protection for easement holders who have opened land to the public for recreational uses.
Last Modified
Apr 26, 2011
Viewed
5385 times

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

2019
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. (print version of WeConservePA guide; 6 pages)
Last Modified
May 16, 2022
Viewed
11173 times

Indemnity Agreements and Liability Insurance: Protection From Claims Brought by Third Parties

2023
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. WeConservePA guide. 8 pages.
Last Modified
Mar 24, 2024
Viewed
6215 times

Information Paper: Recreation Use of Land and Water Act

2017
Organizations/Sources: Pennsylvania Fish & Boat Commission
This June 2017 paper provided by the PA Fish & Boat Commission looks at the courts' inconsistent application of RULWA to various situations.
Last Modified
Nov 14, 2017
Viewed
2653 times

Liability and Rail-Trails in Pennsylvania

2007
Organizations/Sources: Rails to Trails Conservancy
6 pages. Includes rail-trail case studies.
Last Modified
Mar 28, 2011
Viewed
5455 times

Model Release of Liability Form

2024
The risk of being held responsible for injuries or property damage associated with organizing volunteer, educational, recreational, and other events and activities (or opening up property for the same) can be minimized by having those who wish to participate sign a release of liability. The "Model Release of Liability Form" provides nonprofits with a well-designed template and example to work from. The guide "Release of Liability Form" provides commentary for the model.
Last Modified
May 17, 2024
Viewed
16877 times

Overview of Pennsylvania’s Recreational Use of Land and Water Act

2019
A brief review of the landowner protections provided by the Act regarding claims of personal injury or property loss by recreational users of their land. WeConservePA's "Guide to Pennsylvania’s Recreational Use of Land and Water Act" provides a more in-depth review of the same subject. (WeConservePA guide; 2 pages)
Last Modified
Jul 01, 2021
Viewed
9966 times

Pennsylvania Equine Activity Immunity Act

2005
Organizations/Sources: Commonwealth of Pennsylvania
Pennsylvania's Act 93 of 2005 (4 P.S. §§ 601-606) provides immunity from liability for particular equine activities under certain conditions.
Last Modified
Jun 24, 2023
Viewed
5348 times

Rails to Trails Act

1990
Organizations/Sources: Commonwealth of Pennsylvania
Pennsylvania’s Rails-to-Trails Act (32 P.S. § 5611 ) provides for rail-trails acquired under the Act liability protection similar to that found in PA's Recreational Use of Land and Water Act. It also establishes within DCNR a program to acquire, operate, maintain and develop available railroad rights-of-way for public recreational trail use.
Last Modified
Jun 24, 2023
Viewed
6769 times

Recreational Use of Land and Water Act (Title 68, Sections 477-1 et seq.)

2018
Organizations/Sources: Commonwealth of Pennsylvania
This law encourages landowners to allow the public onto their properties for recreational use by limiting the liability of landowners for claims of injury associated with that recreational use. The Recreational Use of Land and Water Act (“RULWA”), found in Purdon’s Pennsylvania Statutes, title 68, sections 477-1 et seq., is presented here as as amended by the PA General Assembly through 2018. The HB544 document provides the 2018 amendments to the statute.
Last Modified
Jun 24, 2023
Viewed
11838 times

Reducing Liability Associated with Public Access

2024
Public access to land for hiking, bird watching, hunting, and other recreational activities raises the possibility of a visitor getting injured and for the owners or managers of the land to then be held liable. Landowners and public access easement and lease holders can take practical steps to minimize the risk of liability. 7 pages.
Last Modified
May 10, 2024
Viewed
6947 times

Release of Liability Form: A Tool to Reduce the Risk of Claims for Personal Injury or Property Loss

2024
A properly designed release of liability form signed by a volunteer or participant in an activity can reduce the risk of claims for personal injury or property loss against the organizing or hosting organization. This guide serves as both an introduction to this highly effective tool and a commentary to WeConservePA’s Model Release of Liability Form. WeConservePA guide. 8 pages.
Last Modified
May 16, 2024
Viewed
7794 times

Separate Entity to Hold Riskier Properties

2023
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. WeConservePA guide. 3 pages.
Last Modified
Jun 29, 2023
Viewed
1114 times

Statutory Protection from Liability Related to Public Access: Pennsylvania Law Supports Opening Land to the Public

2024
Public access to land for recreational use raises concern about the possibility of visitor injuries and the potential for the owners or managers of the land to then be held liable. Several Pennsylvania statutes provide overlapping layers of protection from such liability. WeConservePA guide. 6 pages.
Last Modified
May 10, 2024
Viewed
897 times

Trail Easements

2022
A property owner may convey to others the rights to create, maintain, and use a trail on their property without giving up ownership and enjoyment of the land through which the trail passes. WeConservePA guide. 14 pages.
Last Modified
Sep 27, 2022
Viewed
5893 times