Bill Text: AZ SB1410 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Limited liability; trespassers [Track Bill]
Status: 2012-03-29 - Governor Signed [SB1410 Detail]
State of Arizona
Second Regular Session
SENATE BILL 1410
amending title 12, chapter 5, article 3, Arizona Revised Statutes, by adding section 12-557; relating to limitations of actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 12-557, to read:
12-557. Possessors of land; limited liability for trespasser harm
A. A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to a trespasser except to refrain from causing intentional, willful or wanton injury.
B. This section does not establish or increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established by statute or available at common law to which a possessor of real property may be entitled.
Sec. 2. Intent
The Legislature intends this act to codify the common law liability of real property possessors for harms to trespassers in effect on the effective date of this act. Thus, this legislation does not abrogate any common law right of action that either existed as of statehood or judicially evolved into existence by the effective date of this act. The legislation also does not limit the amount of damages to be recovered for causing the death or injury of any person.
Sec. 3. Short title
This act may be cited as the "Trespasser Responsibility Act".
APPROVED BY THE GOVERNOR MARCH 29, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 29, 2012.