An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general provisions relating to civil actions and proceedings, providing for prohibiting agreements exempting recreational facilities from liability.

PRINTER'S NO. 3297
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2462
Session of
2026
INTRODUCED BY BRENNAN, MUNROE, K. HARRIS, DOUGHERTY, NEILSON,
SANCHEZ AND CEPEDA-FREYTIZ, APRIL 27, 2026
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to civil actions and proceedings, providing for
prohibiting agreements exempting recreational facilities from
liability.
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:
§ 7104. Prohibiting agreements exempting recreational
facilities from liability.
(a) Prohibited agreements.--A provision in a contract or
agreement relating to the use of a recreational facility that
purports to limit the recreational facility's liability, or
release the recreational facility from or indemnify or hold
harmless the recreational facility against liability, for injury
caused by or resulting from the failure of the recreational
facility to have safety equipment or trained personnel
accessible on the premises of the recreational facility is
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against public policy and is void and unenforceable.
(b) Applicability.--This section shall apply to a contract
or agreement entered into on or after the effective date of this
subsection.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Certified lifeguard." An individual who has a current
certificate in lifeguarding issued by a lifeguard certifying
authority recognized by the Department of Health.
"Recreational facility." A commercial recreational facility,
a commercial athletic facility or an amusement attraction. The
term includes gymnasiums and swimming pools.
"Safety equipment." Equipment intended to promote the safety
of all individuals present on the premises of a recreational
facility and that may be used as part of a response to an
emergency. The term includes:
(1) A surveillance camera.
(2) A first aid kit.
(3) An automated external defibrillator.
"Trained personnel." An employee who is trained to respond
to a specific emergency occurring on the premises of a
recreational facility, which shall include any of the following:
(1) An employee trained in the use of an automated
external defibrillator.
(2) An employee trained and certified to administer
cardiopulmonary resuscitation.
(3) An employee who is a certified lifeguard.
Section 2. This act shall take effect in 60 days.
20260HB2462PN3297 - 2 -
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