MS HB1302

Establishes that a possessor of real property owes no general duty of care to trespassers and is not liable for injuries to trespassers under standard circumstances.

Creates three exceptions where a property possessor may be held liable: (1) willful or wanton injury to a trespasser, (2) failure to exercise reasonable care when discovering a trespasser in peril, or (3) failure to protect a child trespasser from artificial conditions the possessor knew or should have known posed unreasonable risk of serious harm.

For child trespasser liability, all five conditions must be met: the child likely to trespass in that location, the condition posed known unreasonable risk, the child could not discover or understand the danger due to youth, the burden of eliminating danger was slight compared to risk, and the possessor failed to exercise reasonable care.

Does not create new liability for property possessors and preserves all other immunities and defenses available under state code or common law.

Takes effect July 1, 2013.