2014 Senate Bill 788

Codify property owner trespasser liability waiver

Introduced in the Senate

Feb. 13, 2014

Introduced by Sen. Rick Jones (R-24)

To establish in statute (in addition to existing case law or common law) that a property owner, leaseholder, lien-holder or occupant is not liable for physical harm to a trespasser caused by the property owner or possessor's failure to exercise reasonable care to make the property reasonably safe and not endanger the trespasser. The bill authorizes exceptions for willful and wanton misconduct by the property owner or possessor, or “active negligence,” or in the case of harm to a child, knowing that an “attractive nuisance” exists.

Referred to the Committee on Judiciary

May 1, 2014

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

May 7, 2014

Substitute offered

The substitute passed by voice vote

May 21, 2014

Passed in the Senate 36 to 0 (details)

Motion to reconsider by Sen. Arlan Meekhof (R-30)

The vote by which the bill was passed.

The motion passed by voice vote

Received

Passed in the Senate 38 to 0 (details)

To establish in statute (in addition to existing case law or common law) that a property owner, leaseholder, lien-holder or occupant is not liable for physical harm to a trespasser caused by the property owner or possessor's failure to exercise reasonable care to make the property reasonably safe and not endanger the trespasser. The bill authorizes exceptions for willful and wanton misconduct by the property owner or possessor, or “active negligence,” or in the case of harm to a child, knowing that an “attractive nuisance” exists.

Received in the House

May 21, 2014

Referred to the Committee on Judiciary