(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.
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