2017 Indiana Code
TITLE 34. Civil Law and Procedure
CHAPTER 11. Limited Liability Arising From Trespassing
34-31-11-3. Duty of care owed to trespasser; child trespasser

Universal Citation: IN Code § 34-31-11-3 (2017)
IC 34-31-11-3 Duty of care owed to trespasser; child trespasser

     Sec. 3. (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.

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


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