Pennsylvania § 8339.1 - Railroad civil immunity.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 8339.1 — Railroad civil immunity., with citation guidance and answers to common questions.
§ 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.
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 8339.1
What does Pennsylvania Consolidated Statutes § 8339.1 cover?
Section 8339.1 ("Railroad civil immunity.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 8339.1?
A common citation format is "Pennsylvania Consolidated Statutes § 8339.1" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 8339.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.