What to do?

[Mike]

Hang on... If a landowner puts up signs to tell others to stay off their property --> a person trespasses (for any reason) and is injured in some way --> The landowner has no liability protection (besides protection that is purchased)?
So... If a landowner only owns property and provides no displays to state "no trespassing" --> a person trespasses (for any reason) and is injured in some way --> The landowner (generally) has liability protection under state law?

Rather than an interpretation here, I would suggest that you read the relatively short Pa Act 586 of 1965: Land for Recreation Limiting Liability of Owner, especially since you have questions. A search engine will bring it right up.

 

[6xAdams(Jones)]

Rather than an interpretation here, I would suggest that you read the relatively short Pa Act 586 of 1965: Land for Recreation Limiting Liability of Owner, especially since you have questions. A search engine will bring it right up.

Lots of verbiage in there. There are at least mentions of invitation, permission, and even charging fees which seem to be open for interpretation - maybe on purpose to imply tacit permission. Also, I couldn't find it clearly stated that that limited owner liability is forfeited if the land is posted.
If I ever do own enough land to be concerned about liability for trespasser injuries, I'll need to have a lawyer translate the whole thig for me.

 

[blitzinstripes]

Cznymph is going about it the right way. And it seems counterintuitive on a FFing forum to have guys supporting the posting of property. But, if it’s your property, you paid for it, and you pay the taxes on it, you should be able to use and enjoy it as you see fit, and you should be able to control who accesses it, if you want to. The right thing to do in this scenario for both the landowner and the angling/hunting public is to post your property.

There was a forum member, not going to name him, as I haven’t seen him post in many years, that used the show up in all these types of threads and take the position that he didn’t post his land (on a popular central PA limestone influenced stream) but wanted to control access via permission, and expected people to ask him even though the property wasn’t posted. There was no convincing him that what he was doing was backwards in the eyes of the law, and that it was in his best interest to just post the property.

Everybody can have different moral opinions. We all have to follow the same laws though, and you don’t get to pick and choose laws and how they work for you individually. They work the same for everyone, unless you’re really really wealthy.

Let me just add that the day PA enacts a "feet wet" law similar to some other states, can't come soon enough. 🙂

 

[jifigz]

Let me just add that the day PA enacts a "feet wet" law similar to some other states, can't come soon enough. 🙂

I bet that never happens..

 

[Bamboozle]

I hope when they do, they also enact a "dirty feet law" so I can go have a picnic on wet feet advocates property while they are fishing on mine...

 

[blitzinstripes]

I hope when they do, they also enact a "dirty feet law" so I can go have a picnic on wet feet advocates property while they are fishing on mine...

😁😁😁😁😁😁😁

 

[Mike]

Lots of verbiage in there. There are at least mentions of invitation, permission, and even charging fees which seem to be open for interpretation - maybe on purpose to imply tacit permission. Also, I couldn't find it clearly stated that that limited owner liability is forfeited if the land is posted.
If I ever do own enough land to be concerned about liability for trespasser injuries, I'll need to have a lawyer translate the whole thig for me.

Here’s a perhaps clearer summary from the PFBC that also mentions a number of case outcomes….

https://www.fishandboat.com/Conservation/Landowners/Documents/RecreationUseLandWaterAct.pdf

 

[blitzinstripes]

I hope when they do, they also enact a "dirty feet law" so I can go have a picnic on wet feet advocates property while they are fishing on mine...

Technically, it would be "in" yours. As their feet would have to remain in the water. 😁

 

[Cznymph]

Landowners should read and understand Pennsylvania Recreational Use of Land and Water Act and the liability protections afforded to the landowner by the act. Landowners who allow access to their land are generally afforded liability protection by state law. Posting property offers no such protection.

I’d much rather take my chances in court proving that I met the low level of diligence in regards to protecting an unwanted trespasser, versus allowing slobs to freely use my property.

 

[DomR]

This is exactly what deters me from getting a cabin or trailer of my own. Trespassers, vandals, squatters, burglars, people f'ing up my property, tresspassers getting hurt and suing (even if it amounts to no $ it's still a royal pita with lawyers, courts, police, and such).

Nope I'll just stick to camping or staying in a cheap motel and fish public land free of stress.

 

[trout48]

Have not been able to catch them yet but put trail cams up so I will find out who they are.

 

[MBWCC]

Hang on... If a landowner puts up signs to tell others to stay off their property --> a person trespasses (for any reason) and is injured in some way --> The landowner has no liability protection (besides protection that is purchased)?
So... If a landowner only owns property and provides no displays to state "no trespassing" --> a person trespasses (for any reason) and is injured in some way --> The landowner (generally) has liability protection under state law?

Your posts contains what appear to be some conflicting wording. First, the PA act covers recreation. You stated, "for any reason", which isn't quite correct. Second, regarding the PA act, you state (question), "a person trespasses", which isn't exactly correct. The PA act requires the landowner to grant permission for persons to use the property for recreation. A person granted permission is, by definition, not a trespasser. If those clarification points are fully included, then yes, under the PA act the landowner has liablity protection which does not exist if the land is posted.