SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2013 SESSION

  • | print version

HB 2004 Trespasser; possessor of real property not liable for injury, exception.

Introduced by: Benjamin L. Cline | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Liability for injury to trespasser. Provides that the possessor of real property owes no duty of care to a trespasser except in those circumstances where a common law right of action, statutory right of action, or judicial exception existed as of July 1, 2013.

SUMMARY AS PASSED HOUSE:

Liability for injury to trespasser. Provides that the possessor of real property owes no duty of care to a trespasser except in those circumstances where a common law or statutory right of action existed as of July 1, 2013.

SUMMARY AS INTRODUCED:

Liability for injury to trespasser. Provides that the possessor of real property owes no duty of care to a trespasser except to refrain from injuring the trespasser by an intentional, willful, or wanton act. However, a possessor of real property may be liable for injury or death to a trespasser if (i) the possessor knew or should have known of the trespasser's presence on the property and failed to exercise ordinary care to protect the trespasser from an unsafe condition that is not open and obvious or (ii) the trespasser is a child of tender years who was injured by an instrument, machine, or other object that contained a concealed or latent danger that was not obvious to the child and the instrument, machine, or other object was easily accessible to children and in a location where children frequently gather.