Wednesday, March 3, 2021

Court Applies Pennsylvania Recreational Use of Land and Water Act

In the case of Baird v. Pennsylvania Fish and Boat Commission, No. 2015-226 (C.P. Elk Co. Dec. 28, 2020 Masson, S.J.), the court addressed a Motion for Summary Judgment filed by the Defendant in which the Defendant asserted that it breached no duty to the Plaintiff decedent who died in a canoeing incident on the Clarion River. 

The Defendant asserted that it was immune from liability by virtue of the Pennsylvania Recreational Use of Land and Water Act. The Defendant also asserted that the decedent assumed the right of canoeing under the conditions existing.

After applying the facts to the law in question, the court found issues of fact preventing it from entering summary judgment.

Anyone wishing to review this case in which the current status of the law of the Recreational Use of Land and Water Act is discussed may click this LINK.

I sends to Attorney Owen M. Coleman, Esquire of the Law Offices of Harry Coleman in Carbondale, PA for bringing this case to my attention

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