The Senate Civil Law Committee heard SB 306, authored by Sen. Bray and Sen. Head, on limited liability arising from trespassing. This bill provides that a person who possesses any fee, reversionary, or easement interest in real property, including an owner, a lessee, or another lawful occupant of real property, does not owe a duty of care to a trespasser, except to refrain from willfully or wantonly injuring the trespasser, after the trespasser has been discovered, or an undiscovered trespasser; on the real property possessed by the person. It also provides that a person who possesses real property may be subject to liability for bodily injury to or the death of a trespasser who is a child under certain circumstances. The bill was amended to codify current case law. Representatives from State Farm, Indiana Farm Bureau, Indiana Chamber of Commerce, Indiana Apartment Association, Indiana Manufacturers Association, Indiana Railway Association, among others, supported the bill. The amended bill passed 8-0.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/306.