§ 34-31-11-3 — Duty of care owed to trespasser; child trespasser

Indiana § 34-31-11-3

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 31: LIMITED LIABILITY
• Ch. 11: Limited Liability Arising From Trespassing

Text

(a) A possessor of land 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 real
property possessed by the possessor of land.
(b) Notwithstanding subsection (a), a possessor of land may be
subject to liability for physical injury or death to a child trespasser if all
of the following apply:
(1) The structure or condition complained of is maintained or
permitted on the property by the possessor.
(2) The structure or condition is particularly dangerous to
children.
(3) The danger is latent, uncommon to nature, and unlikely to be
comprehended by children.
(4) The structure or condition is particularly attractive to children
and provides a special enticement for children to play or sport on
the structure or condition.
(5) The possessor has actual or constructive knowledge of both
the structure or condition and the likelihood that children will
trespass and be injured.
(6) The injury is a natural, probable, and foreseeable result of the
wrong.

Legislative History

As added by P.L.88-2015, SEC.3.