S.F. No. 0070

Land possessor duty to trespasser.

 

Sponsored By:        Senator(s) Geis

 

AN ACT relating to civil actions; providing that an owner of real property has no duty to a trespasser as specified; providing exceptions; providing a definition; and providing for an effective date.

 

1/3/2013    Bill Number Assigned

1/8/2013    S Received for Introduction

1/9/2013    S Introduced and Referred to S01

1/18/2013   S01 Recommended Do Pass

 

ROLL CALL

Ayes:  Senator(s) Burns, Christensen, Esquibel, F., Hicks and Schiffer

Ayes 5    Nays 0    Excused 0    Absent 0    Conflicts 0

 

1/18/2013   S Placed on General File

1/22/2013   S Passed CoW

1/23/2013   S Laid Back Without Prejudice

 

SF0070S2001/ADOPTED

Page 1-line 3           Delete "definitions" insert "a definition".

Page 1-lines 13 through 16    Delete and insert:

      "(a)  Except as provided in the Restatement (Second) of Torts, Sections 334 through 339 (1965), a possessor of real property including an owner, lessee, renter or other lawful occupant is not liable to trespassers for physical harm caused by his failure to exercise reasonable care:

(i)  To put the land in a condition reasonably safe for the trespasser; or

(ii)  To carry on activities so as not to endanger a trespasser.".

Page 2-lines 5 through 24     Delete and renumber.

Page 3-line 2           Delete "(d)" insert "(c)".

Page 3-line 10          Delete "(e)" insert "(d)"; delete ":" insert ",".

Page 3-lines 12 through 14    Delete.

Page 3-line 16          Delete "(ii)".  NICHOLAS

 

1/24/2013   S Passed 2nd Reading

1/25/2013   S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Nays:  Senator(s) Case

Ayes 29    Nays 1    Excused 0    Absent 0    Conflicts 0

 

1/28/2013   H Received for Introduction

1/29/2013   H Introduced and Referred to H05

2/7/2013    H05 Recommended Amend and Do Pass

 

ROLL CALL

Ayes:  Representative(s) Blake, Campbell, Eklund, Greear, Hunt, McKim, Semlek, Winters and Zwonitzer, Dn.

Ayes 9    Nays 0    Excused 0    Absent 0    Conflicts 0

 

2/7/2013    H Placed on General File

 

SF0070HS001/ADOPTED     (TO ENGROSSED COPY)

Page 1-line 14          After "(1965)" insert "as may be adopted by courts of competent jurisdiction in the state of Wyoming".  SEMLEK, CHAIRMAN

 

2/14/2013   H Passed CoW

 

SF0070H2001/ADOPTED     (TO ENGROSSED COPY)

Delete the standing committee amendment (SF0070HS001/AE) entirely and further amend as follows:

Page 1-line 1           Delete "that an owner" insert "for responsibilities of possessors of real property".

Page 1-line 2           Delete line through "duty".

Page 1-line 3           Delete "a definition" insert "definitions".

Page 1-line 13          After "in" delete balance of the line and insert "subsections (b) through (e) of this section,";.

                        Page 1-line 14    Delete line through "1965,".

Page 2-After line 6     Insert:

      "(b)  A possessor of real property who knows, or from facts within his knowledge should know, that trespassers constantly intrude upon a limited area of the property, may be subject to liability for bodily harm caused to them by an artificial condition on the property, if the possessor has failed to exercise reasonable care to warn such trespassers of the condition and the risk involved and if the condition:

(i)  Is one which the possessor has created or maintains;

(ii)  Is, to the possessor's knowledge, likely to cause death or serious bodily harm to such trespassers; and

(iii)  Is of such a nature that the possessor has reason to believe that the trespasser will not discover it.

(c)  A possessor of real property who maintains on the property an artificial condition which involves a risk of death or serious bodily harm to persons coming in contact with it, may be subject to liability for bodily harm caused to trespassers by his failure to exercise reasonable care to warn them of the condition if:

(i)  The possessor knows or has reason to know of their presence in dangerous proximity to the condition; and

(ii)  The condition is of such a nature that the possessor has reason to believe that the trespasser will not discover it or realize the risk involved.

(d)  A possessor of real property may be subject to liability for physical harm to a child who is trespassing if the injury is caused by an artificial condition on the property and if:

(i)  The possessor knows or has reason to know that the artificial condition or the surrounding area is likely to induce a child to trespass;

(ii)  The possessor knows or has reason to know that the artificial condition involves an unreasonable risk of death or serious bodily harm to a child;

(iii)  A child, because of his youth, would be unlikely to discover the condition or to realize the risk caused by the condition; and

(iv)  The possessor fails to exercise reasonable care to eliminate the danger or otherwise protect a child trespassing in the area.".

Page 2-line 8           Delete "(b)" insert "(e)".

Page 2-line 12          Delete "(c)" insert "(f)".

Page 2-line 15          Delete "section" insert "provision".

Page 2-After line 18    Insert:

      "(g)  As used in this section:

(i)  "Artificial condition" means a structure or other man-made object and does not include any natural feature of land or any living animal;

(ii)  "Trespasser" means a person who enters or remains on land in the possession of another without valid privilege or consent created by the possessor or otherwise.".

Page 2-lines 20 through 23    Delete entirely.  GINGERY, BROWN, STUBSON

 

2/15/2013   H Passed 2nd Reading

 

SF0070H3001/ADOPTED     (TO ENGROSSED COPY)

Page 2-After line 6           In the GINGERY second reading amendment (SF0070H2001/AE) to this line, delete paragraphs (d)(iii) and (iv) created by that amendment and insert:

            "(iii)  A child, because of his youth, would be unlikely to discover the condition or to realize the risk caused by the condition;

(iv)  The utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to a child involved; and

(v)  The possessor fails to exercise reasonable care to eliminate the danger or otherwise protect a child trespassing in the area.".  BROWN 

 

SF0070H3002/FAILED      (TO ENGROSSED COPY)

Page 1-line 13          In the Gingery, et al., second reading amendment (SF0070H2001/AE) to this line, delete "(e)" insert "(d)".

Page 2-After line 6     In the Gingery, et al., second reading amendment (SF0070H2001/AE) to this line, delete subsection (b) created by that amendment entirely and renumber as necessary.

Page 2-line 8           Delete the Gingery, et al., second reading amendment (SF0070H2001/AE) to this line; delete "(b)" insert "(d)".

Page 2-line 12          Delete the Gingery, et al., second reading amendment (SF0070H2001/AE) to this line; delete "(c)" insert "(e)".

Page 2-After line 18    In the Gingery, et al., second reading amendment (SF0070H2001/AE) to this line, delete "(g)" insert "(f)".  TEETERS

 

2/19/2013   H Passed 3rd Reading

 

ROLL CALL

Ayes:  Representative(s) Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Davison, Eklund, Esquibel, K., Filer, Freeman, Gay, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Madden, Miller, Moniz, Northrup, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Wilson and Winters

Nays:  Representative(s) Baker, Connolly, Gingery, Lubnau, McKim, Nicholas, B., Patton, Watt, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 50    Nays 10    Excused 0    Absent 0    Conflicts 0

 

2/19/2013   S Received for Concurrence

2/19/2013   S Did Not Concur

 

ROLL CALL

Nays:  Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Ayes 0    Nays 30    Excused 0    Absent 0    Conflicts 0

 

2/27/2013   S Indefinitely Postponed