House Study Bill 614 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) A BILL FOR An Act relating to the liability of an owner, lessee, or 1 occupant of land for injury to a trespasser on the land and 2 including an applicability provision. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5411HC (1) 84 rh/rj

H.F. _____ Section 1. NEW SECTION . 462.1 Liability of owner, lessee, 1 or occupant of land —— trespassers. 2 1. Except as provided in subsection 2, an owner, lessee, or 3 occupant of land owes no duty of care to a trespasser on the 4 land and is not liable for any injury to a trespasser on the 5 land, except that an owner, lessee, or occupant owes a duty 6 to refrain from injuring a trespasser willfully, wantonly, 7 or through gross negligence. For purposes of this section, 8 “trespasser” means a person who enters the land of an owner, 9 lessee, or occupant without any legal right, express or 10 implied. 11 2. An owner, lessee, or occupant of land may be liable for 12 injury to a child who is less than sixteen years of age caused 13 by a highly dangerous artificial condition on the land if all 14 of the following conditions exist: 15 a. The owner, lessee, or occupant knew or reasonably should 16 have known that such children were likely to trespass at the 17 location of the artificial condition. 18 b. The artificial condition is one that the owner, lessee, 19 or occupant knew or reasonably should have known existed, and 20 that the owner, lessee, or occupant realized or should have 21 realized involved an unreasonable risk of death or serious 22 bodily harm to such children. 23 c. The injured child did not discover the artificial 24 condition or realize the risk involved in the condition or the 25 risk of injury in the area made dangerous by the condition. 26 d. The utility to the owner, lessee, or occupant of 27 maintaining the artificial condition and the burden of 28 eliminating the danger were slight as compared with the risk 29 to the child involved. 30 e. The owner, lessee, or occupant failed to exercise 31 reasonable care to eliminate the danger or otherwise protect 32 the child. 33 3. Notwithstanding the application of subsection 2 to a 34 child who is less than sixteen years of age, a child who is 35 -1- LSB 5411HC (1) 84 rh/rj 1/ 3

H.F. _____ fourteen years of age or older is presumed to appreciate the 1 risk of highly dangerous artificial conditions on land, but 2 this presumption may be overcome if the claimant proves that 3 the child, at the time of the injury, did not have the ability 4 to appreciate the risk. 5 4. An owner, lessee, or occupant of land whose actions are 6 justified under section 704.3, 704.4, or 704.5, shall not be 7 liable to a trespasser for damages arising from those actions. 8 5. This section does not affect chapter 461C or create or 9 increase the liability of any person. 10 Sec. 2. APPLICABILITY. This Act applies to all causes of 11 actions accrued on or after the effective date of this Act. 12 EXPLANATION 13 This bill relates to liability of an owner, lessee, or 14 occupant of land for injury to a trespasser. 15 The bill provides that, except as otherwise provided in 16 the bill, an owner, lessee, or occupant of land owes no duty 17 of care to a trespasser on the land and is not liable for any 18 injury to a trespasser on the land, except that an owner, 19 lessee, or occupant owes a duty to refrain from injuring a 20 trespasser willfully, wantonly, or through gross negligence. 21 For purposes of the bill, “trespasser” means a person who 22 enters the land of an owner, lessee, or occupant without any 23 legal right, express or implied. 24 The bill provides that an owner, lessee, or occupant of 25 land may be liable for injury to a child who is less than 16 26 years old caused by a highly dangerous artificial condition on 27 the land if the owner, lessee, or occupant knew or reasonably 28 should have known that such children were likely to trespass 29 at the location of the artificial condition; the artificial 30 condition is one that the owner, lessee, or occupant knew or 31 reasonably should have known existed, and that the owner, 32 lessee, or occupant realized or should have realized involved 33 an unreasonable risk of death or serious bodily harm to such 34 children; the injured child did not discover the artificial 35 -2- LSB 5411HC (1) 84 rh/rj 2/ 3

H.F. _____ condition or realize the risk involved in the condition or the 1 risk of injury in the area made dangerous by the condition; 2 the utility to the owner, lessee, or occupant of maintaining 3 the artificial condition and the burden of eliminating the 4 danger were slight as compared with the risk to the child 5 involved; and the owner, lessee, or occupant failed to exercise 6 reasonable care to eliminate the danger or otherwise protect 7 the child. 8 The bill provides that a child who is 14 years of age or 9 older is presumed to appreciate the risk of highly dangerous 10 artificial conditions on land, but this presumption may be 11 overcome if the claimant proves that the child, at the time of 12 the injury, did not have the ability to appreciate the risk. 13 The bill provides that an owner, lessee, or occupant of land 14 whose actions are justified under Code section 704.3 (defense 15 of self or another), 704.4 (defense of property), or 704.5 16 (aiding another in the defense of property), shall not be 17 liable to a trespasser for damages arising from those actions. 18 The bill does not affect Code chapter 461C relating to 19 public use of private land for recreational purposes and for 20 urban deer control, or create or increase the liability of any 21 person. 22 The bill applies to all causes of actions accrued on or after 23 July 1, 2012. 24 -3- LSB 5411HC (1) 84 rh/rj 3/ 3