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