ND HB1452

Land possessors, including owners, lessees, and occupants, do not owe a duty of care to trespassers and are not subject to liability for injuries to trespassers.

Land possessors retain a duty not to willfully and wantonly harm trespassers, except as permitted under North Dakota Century Code sections 12.1-05-06, 12.1-05-07, 12.1-05-07.1, and 12.1-05-07.2.

Land possessors who know of a trespasser's presence on the premises must exercise ordinary care to avoid injuring that trespasser.

Land possessors may be liable for physical injury or death to child trespassers from artificial conditions if the possessor knew children were likely to trespass, the condition posed unreasonable risk of serious harm, the child did not discover the danger, the burden of eliminating danger was slight compared to the risk, and the possessor failed to exercise reasonable care.

Artificial condition is defined as a structure or manmade condition and does not include living animals; the law does not affect Chapter 53-08 or create or increase liability beyond existing law.