The House Judiciary Committee heard SB 306 concerning limited liability arising from trespassing, sponsored Rep. Steuerwald and Rep. Koch. Sen. Bray introduced the bill, explaining that this bill codifies current trespass liability common law. The bill establishes 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 on the real property possessed by the person. The bill provides that the person may be subject to liability for physical injury or death to a child trespasser under certain circumstances. Representatives from Indiana Farm Bureau Insurance, State Farm Insurance, Indiana Chamber of Commerce, and an attorney spoke in favor of the bill. The bill passed 6-3.
Read the bill at http://iga.in.gov/legislative/2015/bills/senate/306.