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HI HB2455

Bill

Status

Introduced

1/25/2010

Primary Sponsor

Mele Carroll

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Origin

House of Representatives

2010 Regular Session

AI Summary

  • Establishes that landowners owe no duty of care to trespassers and must provide no warning of dangerous conditions on the property.

  • Creates a rebuttable presumption that landowners are not liable for injury, loss, damage, or death to trespassers if the land displays "Private Property" and "No Trespassing" signs with letters at least two inches high placed along boundary lines and entry points.

  • Allows trespassers to overcome the presumption through preponderance of evidence that the owner committed gross negligence, wilful or wanton disregard for the trespasser's safety, or intentionally injured the trespasser.

  • Defines key terms including "trespasser" (person entering or remaining on land without permission and not an invited guest), "owner" (possessor of fee interest, tenant, lessee, or person in control of land), and "land" (including roads, water, watercourses, buildings, and structures).

  • Takes effect on July 1, 2010.

Legislative Description

Landowner Liability; Trespass

Last Action

(H) Referred to WLO, JUD, referral sheet 5

1/25/2010

Committee Referrals

Water, Land, & Ocean Resources1/25/2010

Full Bill Text

No bill text available