Indiana Code 34-31-11-3. Duty of care owed to trespasser; child trespasser
Indiana Code 34-31-11-2Terms Used In Indiana Code 34-31-11-3
(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.