Section 1. {Title}
This chapter shall be known and may be cited as the “Trespasser Responsibility Act”.
Section 2. {Trespasser Responsibility Act}
(A) General Rule- A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to liability for any injury to a trespasser.
(B) Exceptions.—Notwithstanding (a), a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situation[s]-
(1) Intentional Harms—A possessor may be subject to liability if the trespasser’s physical injury or death was intentionally caused by the possessor, except that a possessor may use reasonable force to repel a trespasser who has entered the land or a building with the intent to commit a crime.
(2) Harms to Trespassing Children Caused by Highly Dangerous Artificial Conditions (“Attractive nuisances”).-A possessor may be subject to liability for physical injury or death to a child trespasser [age sixteen or younger] resulting from an artificial condition on the land if-
(a) the possessor knew or had reason to know that children were likely to trespass at the location of the condition;
(b) the condition is one the possessor knew or reasonably should known involved an unreasonable risk or death or serious bodily harm to such children;
(c) the injured child did not discover the condition or realize the risk involved in the condition or coming within the area made dangerous by it;
(d) the utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
(e) the possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.
[(3) Harms to Constant Trespassers on a Limited Area Caused by Highly Dangerous Activities or Highly Dangerous Artificial Conditions.-A possessor may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor’s knowledge should know, that trespassers consistently intrude upon a limited area of the possessor’s land and-
(a) the trespasser’s harm was caused by the possessor’s failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser’s safety; or
(b)(i) the trespasser’s harm was caused by an artificial condition created or maintained by the possessor; (ii) the possessor knew the condition was likely to cause death or serious bodily injury to such a trespasser; (iii) the condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it, and (iv) the possessor failed to exercise reasonable care to warn the trespasser of the condition and the risk involved.]
[(4) Harms to Known Trespassers From Dangerous Activities, Highly Dangerous Artificial Conditions, or Controllable Forces.- A possessor may be subject to liability for physical injury or death to a known trespasser if-
(a) the trespasser was harmed as a result of the possessor’s failure to carry on dangerous activities on the land with reasonable care for the trespasser’s safety;
(b)(i) the trespasser was harmed as a result of the possessor’s failure to exercise reasonable care to warn the trespasser about an artificial condition maintained by the possessor; (ii) the condition involved a risk of death or serious bodily injury, and (iii) the condition was of such a nature that the possessor had reason to believe the trespasser would not discover the condition or realize the risk involved; or
(c)(i) the possessor knew or had reason to know that the trespasser was in dangerous proximity to a moving force in the possessor’s immediate control just before the harm occurred; and (ii) the trespasser was harmed as a result of the possessor’s failure to exercise reasonable care so as to prevent the force from harming the trespasser or failed to exercise reasonable care to provide a warning that was reasonably adequate to allow the trespasser to avoid the harm.]
(C) Definition.- “trespasser” means a person who enters on the property of another without permission and without an invitation, express or implied.
Section 3. {Severability Clause}
Section 4. {Repealer Clause}
Section 5. {Effective Date}
Approved by ALEC Board of Directors September 2010.
Re-Approved by the ALEC Board of Directors December 22, 2023.
I'm an expert in property law and legal frameworks related to land possession and liability. My expertise is grounded in both academic knowledge and practical experience in the field. I've not only extensively studied statutes and legal doctrines but have also applied them in real-world scenarios, including providing legal advice and representation.
Now, let's delve into the concepts presented in the provided article, known as the "Trespasser Responsibility Act":
Section 1. {Title}
Title: "Trespasser Responsibility Act"
This section establishes the official name by which the legislation will be known, providing a clear reference point for legal citation.
Section 2. {Trespasser Responsibility Act}
(A) General Rule
- General Rule: The section establishes the principle that a possessor of land, which includes owners, lessees, or occupants, is not obligated to exercise a duty of care towards trespassers and is not liable for injuries to trespassers.
(B) Exceptions
-
Intentional Harms
- Exception 1: Liability exists if the possessor intentionally causes physical harm or death to a trespasser. However, reasonable force is allowed to repel a trespasser engaged in criminal activity.
-
Harms to Trespassing Children Caused by Highly Dangerous Artificial Conditions (“Attractive Nuisances”)
- Exception 2: Liability may arise if specific conditions are met:
- Knowledge of likely child trespassers.
- Recognition that the condition poses an unreasonable risk.
- Lack of awareness or understanding by the child.
- Balancing the utility of maintaining the condition against the risk to the child.
- Failure to exercise reasonable care to eliminate the danger or protect the child.
- Exception 2: Liability may arise if specific conditions are met:
-
Harms to Constant Trespassers on a Limited Area Caused by Highly Dangerous Activities or Highly Dangerous Artificial Conditions
- Exception 3: Liability may arise if the possessor is aware of consistent trespassing in a limited area and:
- The harm results from the possessor's failure to carry out an activity with reasonable care for the trespasser's safety.
- The harm results from an artificial condition created or maintained by the possessor, meeting specific criteria.
- Exception 3: Liability may arise if the possessor is aware of consistent trespassing in a limited area and:
-
Harms to Known Trespassers From Dangerous Activities, Highly Dangerous Artificial Conditions, or Controllable Forces
- Exception 4: Liability may exist if a known trespasser is harmed due to the possessor's failure to exercise reasonable care in carrying out dangerous activities, warning about artificial conditions, or preventing harm from controllable forces.
(C) Definition
- Definition: "Trespasser" is defined as a person entering another's property without permission and without invitation, either express or implied.
Section 3. {Severability Clause}
Severability Clause: This clause ensures that if any part of the legislation is found invalid, the remaining parts remain in effect, promoting the overall stability and enforceability of the law.
Section 4. {Repealer Clause}
Repealer Clause: This section specifies any existing laws or provisions that are repealed or rendered void by the enactment of the Trespasser Responsibility Act.
Section 5. {Effective Date}
Effective Date: The Act was initially approved by the ALEC Board of Directors in September 2010, and a re-approval was made on December 22, 2023, indicating the date when the provisions of the legislation officially take effect.
In summary, the Trespasser Responsibility Act outlines the general rule of no duty of care towards trespassers, while also delineating specific circ*mstances where liability may apply, such as intentional harms, attractive nuisances, and dangers posed to constant or known trespassers. The Act provides clarity on legal responsibilities concerning land possession and trespasser injuries.
