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IN SB0306
Bill
AI Summary
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Adds new Chapter 11 to Indiana Code defining "possessor of land" as any person with fee, reversionary, or easement interest in real property, including owners, lessees, and lawful occupants, effective July 1, 2015.
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Defines "trespasser" as a person who enters or remains on another's real property without right, consent, or actual or implied invitation.
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Limits duty of care owed by land possessors to trespassers to refraining from willfully or wantonly injuring them after discovery on the property.
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Establishes exception allowing liability for physical injury or death to child trespassers if all six conditions are met, including that the structure or condition is particularly dangerous to children, latent and uncommon to nature, and the possessor has actual or constructive knowledge of both the danger and likelihood children will trespass.
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Clarifies the statute does not create or increase liability for land possessors and does not affect other immunities or defenses available under Indiana Code or common law, codifying existing Indiana common law as of July 1, 2015.
Legislative Description
Limited liability arising from trespassing. Provides that a person who possesses any fee, reversionary, or easement interest in real property, including an owner, a lessee, or another lawful occupant of real property, does not owe a duty of care to a trespasser, except to refrain from willfully or wantonly injuring the trespasser, after the trespasser has been discovered on the real property possessed by the person. Provides that the person may be subject to liability for physical injury or death to a child trespasser under certain circumstances.
Last Action
Public Law 88
4/30/2015