HB 2462 — 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
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in general provisions
 3      relating to civil actions and proceedings, providing for
 4      prohibiting agreements exempting recreational facilities from
 5      liability.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Title 42 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a section to read:
10   § 7104.   Prohibiting agreements exempting recreational
11                facilities from liability.
12      (a)    Prohibited agreements.--A provision in a contract or
13   agreement relating to the use of a recreational facility that
14   purports to limit the recreational facility's liability, or
15   release the recreational facility from or indemnify or hold
16   harmless the recreational facility against liability, for injury
17   caused by or resulting from the failure of the recreational
18   facility to have safety equipment or trained personnel
19   accessible on the premises of the recreational facility is
 1   against public policy and is void and unenforceable.
 2      (b)   Applicability.--This section shall apply to a contract
 3   or agreement entered into on or after the effective date of this
 4   subsection.
 5      (c)   Definitions.--As used in this section, the following
 6   words and phrases shall have the meanings given to them in this
 7   subsection unless the context clearly indicates otherwise:
 8      "Certified lifeguard."    An individual who has a current
 9   certificate in lifeguarding issued by a lifeguard certifying
10   authority recognized by the Department of Health.
11      "Recreational facility."       A commercial recreational facility,
12   a commercial athletic facility or an amusement attraction. The
13   term includes gymnasiums and swimming pools.
14      "Safety equipment."    Equipment intended to promote the safety
15   of all individuals present on the premises of a recreational
16   facility and that may be used as part of a response to an
17   emergency. The term includes:
18            (1)   A surveillance camera.
19            (2)   A first aid kit.
20            (3)   An automated external defibrillator.
21      "Trained personnel."    An employee who is trained to respond
22   to a specific emergency occurring on the premises of a
23   recreational facility, which shall include any of the following:
24            (1)   An employee trained in the use of an automated
25      external defibrillator.
26            (2)   An employee trained and certified to administer
27      cardiopulmonary resuscitation.
28            (3)   An employee who is a certified lifeguard.
29      Section 2.    This act shall take effect in 60 days.



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