Pennsylvania Act 1990-112 — JUDICIAL CODE (42 PA.C.S.) - AMEND

Act text

JUDICIAL CODE (42 PA.C.S.) - AMEND
                 Act of Jul. 11, 1990, P.L. 464, No. 112              Cl. 42
                             Session of 1990
                               No. 1990-112

     HB 2178

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, granting immunity to the
        owners, tenants or lessees of agricultural property from
        certain claims involving individuals picking their own
        agricultural products.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 42 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8338.  Agricultural immunity.
        (a)  General rule.--No cause of action shall arise against
     the owner, tenant or lessee of land or premises for injuries to
     any person, other than an employee or contractor of the owner,
     tenant or lessee, who is on the land or premises for the purpose
     of picking and purchasing agricultural or farm products at a
     farm or "u-pick" operation, unless the person's injuries were
     caused by a condition which involved an unreasonable risk of
     harm and all of the following apply:
            (1)  The owner, tenant or lessee knew or had reason to
        know of the condition or risk.
            (2)  The owner, tenant or lessee failed to exercise
        reasonable care to make the condition safe, or to warn the
        person of the condition or risk.
        (b)  Definitions.--As used in this section, the term
     "agricultural or farm products" means the natural products of
     the farm, nursery, grove, orchard, vineyard, garden and apiary,
     including, but not limited to, trees and firewood.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 11th day of July, A. D. 1990.

     THOMAS J. RIDGE