Senate Bill 2785

AN ACT TO CREATE THE LANDOWNER PROTECTION ACT; TO DEFINE CERTAIN TERMS; TO PROVIDE THAT A POSSESSOR OF LAND DOES NOT OWE A DUTY OF CARE TO A TRESPASSER AND IS NOT LIABLE FOR INJURY TO A TRESPASSER; TO PROVIDE EXCEPTIONS; TO PROVIDE FOR THE APPLICATION OF THE PROVISIONS OF THIS ACT TO COMMERCIAL OR OTHER REAL PROPERTY OWNERS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This section shall be known and may be cited as "The Landowner Protection Act."

(2) The following words and phrases shall have the meanings ascribed herein unless the context requires otherwise:

(a) "Child trespasser" means a trespasser who is less than fourteen (14) years of age or who has the level of mental development found in a person less than fourteen (14) years of age.

(b) "Possessor" means a person in lawful possession of land, including an owner, lessee, or other lawful occupant, or a person acting on behalf of such a lawful possessor of land.

(c) "Trespasser" means a person who enters on the property of another without permission and without an invitation, express or implied.

(d) "Impel" means to force or incite another person or group of persons.

(3) A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to civil liability or criminal prosecution for any injury to a trespasser on the premises.

(4) Notwithstanding the provisions of subsection (3), a possessor of land may be subject to liability for physical injury or death to a trespasser on the premises in the following situations:

(a) A possessor may be subject to liability if the trespasser's bodily injury or death resulted from the possessor's willful or wanton conduct, or was intentionally caused by the possessor, except that a possessor may use reasonable force to repel a trespasser who has entered the premises, including but not limited to a building on the premises, whom the possessor reasonably believes has the intent to commit a crime thereon. Nothing in this section shall be held to modify the principles governing justifiable homicide, use of defensive force or the duty to retreat expressed in Section 97-3-15.

(b) A possessor may be subject to liability for bodily injury or death to a child trespasser resulting from an artificial condition on the premises if all of the following apply:

(i) The possessor knew or had reason to know that children were likely to trespass at the location of the condition.

(ii) The condition is one the possessor knew, or reasonably should have known, involved an unreasonable risk of serious bodily injury or death to such children.

(iii) The injured child did not discover the condition or realize the risk involved in the condition or in coming within the area made dangerous by it.

(iv) The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved.

(v) The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.

(c) A possessor may be subject to liability for physical injury or death to a trespasser if the possessor discovered the trespasser in a position of peril or helplessness on the property and failed to exercise ordinary care not to injure the trespasser.

(5) Nothing in this act shall be construed to alter the provisions of Section 97-3-15.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.