20-9-11.5. Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.
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/sd/title-20/chapter-20-9/20-9-11-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person with a possessory interest in land 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 have known, that trespassers consistently intrude upon a limited area of the possessor's land and:
(1)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
(2)The trespasser's harm was cause by an artificial condition and:
(a)The artificial condition was created or maintained by the person;
(b)The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;
(c)The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and
(d)The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved.