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House File 251 - IntroducedA Bill ForAn Act 1relating to the liability of possessors and occupants of
2land for injury to trespassers and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 462.1 Liability of possessors and
2occupants of land to trespassers.
31. A possessor of any fee, reversionary, or easement
4interest in real property, including but not limited to an
5owner, lessee, or other lawful occupant, owes no duty of care
6to a trespasser except to refrain from willfully or wantonly
7injuring the trespasser and to use reasonable care to avoid
8injuring the trespasser after that trespasser’s presence
9becomes known.
102. This section shall not be construed to affect the common
11law doctrine of attractive nuisance.
123. This section does not create or increase the civil
13liability of any possessor or occupant of real property and
14does not affect any immunities from or defenses to civil
15liability established by another section of the Code or
16available at common law to which a possessor or occupant of
17real property may be entitled.
18 Sec. 2. APPLICABILITY. This Act applies to all causes of
19action accrued on or after the effective date of this Act.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the liability of a possessor or occupant
24of land for injury to a trespasser.
25The bill provides that a possessor of any fee, reversionary,
26or easement interest in real property, including but not
27limited to an owner, lessee, or other lawful occupant, owes no
28duty of care to a trespasser except to refrain from willfully
29or wantonly injuring the trespasser and to use reasonable
30care to avoid injuring the trespasser after that trespasser’s
31presence becomes known.
32The bill does not affect the common law doctrine of
33attractive nuisance, which imposes a duty on a landowner to
34protect children from dangerous conditions of or items on
35the property that will foreseeably attract children onto the
-1-1property.
2The bill does not create or increase the civil liability of
3any possessor or occupant of real property and does not affect
4any immunities from or defenses to civil liability established
5by another Code section or available at common law to which a
6possessor or occupant of real property may be entitled.
7The bill applies to all causes of action accrued on or after
8the effective date of the bill.
-2-jh/rj
2land for injury to trespassers and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 462.1 Liability of possessors and
2occupants of land to trespassers.
31. A possessor of any fee, reversionary, or easement
4interest in real property, including but not limited to an
5owner, lessee, or other lawful occupant, owes no duty of care
6to a trespasser except to refrain from willfully or wantonly
7injuring the trespasser and to use reasonable care to avoid
8injuring the trespasser after that trespasser’s presence
9becomes known.
102. This section shall not be construed to affect the common
11law doctrine of attractive nuisance.
123. This section does not create or increase the civil
13liability of any possessor or occupant of real property and
14does not affect any immunities from or defenses to civil
15liability established by another section of the Code or
16available at common law to which a possessor or occupant of
17real property may be entitled.
18 Sec. 2. APPLICABILITY. This Act applies to all causes of
19action accrued on or after the effective date of this Act.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the liability of a possessor or occupant
24of land for injury to a trespasser.
25The bill provides that a possessor of any fee, reversionary,
26or easement interest in real property, including but not
27limited to an owner, lessee, or other lawful occupant, owes no
28duty of care to a trespasser except to refrain from willfully
29or wantonly injuring the trespasser and to use reasonable
30care to avoid injuring the trespasser after that trespasser’s
31presence becomes known.
32The bill does not affect the common law doctrine of
33attractive nuisance, which imposes a duty on a landowner to
34protect children from dangerous conditions of or items on
35the property that will foreseeably attract children onto the
-1-1property.
2The bill does not create or increase the civil liability of
3any possessor or occupant of real property and does not affect
4any immunities from or defenses to civil liability established
5by another Code section or available at common law to which a
6possessor or occupant of real property may be entitled.
7The bill applies to all causes of action accrued on or after
8the effective date of the bill.
-2-jh/rj