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.

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 34-31-11-3

  • possessor of land: means a person who possesses any fee, reversionary, or easement interest in real property. See Indiana Code 34-31-11-1
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • trespasser: means a person who enters or remains on real property of another person without:

    Indiana Code 34-31-11-2

     (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.