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OH SB202
Bill
Status
9/6/2012
Primary Sponsor
Gary Scherer
Click for details
AI Summary
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Property possessors owe trespassers a duty only to refrain from willful, wanton, or reckless conduct likely to cause injury or death.
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Property possessors are liable if they know or should know a trespasser is in peril and fail to exercise ordinary care to avoid injury.
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Property possessors are liable for injuries to child trespassers caused by artificial conditions if they know children are likely to trespass, the condition poses unreasonable risk, and the burden of eliminating danger is slight compared to risk of injury.
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Property possessors are liable for injuries to adults attempting to rescue child trespassers under the conditions specified for child trespassers.
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The bill rejects the American Law Institute's Restatement Third of Torts and codifies existing Ohio law on duties owed to trespassers as established in prior court holdings and jury instructions.
Legislative Description
To specify the responsibility of a possessor of real property to a trespasser and the circumstances in which the possessor may be liable in a tort action for the death or injury of a trespasser, and to specify that it is the intent of the General Assembly to declare that the American Law Institute's finalized "Restatement Third of Torts: Liability for Physical and Emotional Harm" does not constitute the public policy of the state of Ohio and to codify the current law of Ohio regarding the duties owed to trespassers by those who own, occupy, or control premises.
Possessor of real property to tresspassers-liability for death/injury
Last Action
Effective Date
9/6/2012