Bill Text: IA HF2367 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act relating to the liability of an owner, lessee, or occupant of land for injury to a trespasser on the land and including an applicability provision. (Formerly HSB 614)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-12 - Subcommittee, Fraise, Dix, and Dvorsky. S.J. 518. [HF2367 Detail]
Download: Iowa-2011-HF2367-Amended.html
House
File
2367
-
Reprinted
HOUSE
FILE
2367
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
614)
(As
Amended
and
Passed
by
the
House
March
8,
2012
)
A
BILL
FOR
An
Act
relating
to
the
liability
of
an
owner,
lessee,
or
1
occupant
of
land
for
injury
to
a
trespasser
on
the
land
and
2
including
an
applicability
provision.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
2367
Section
1.
NEW
SECTION
.
462.1
Liability
of
owner,
lessee,
1
or
occupant
of
land
——
trespassers.
2
1.
Except
as
provided
in
subsection
2,
an
owner,
lessee,
or
3
occupant
of
land
owes
no
duty
of
care
to
a
trespasser
on
the
4
land
and
is
not
liable
for
any
injury
to
a
trespasser
on
the
5
land,
except
that
an
owner,
lessee,
or
occupant
owes
a
duty
6
to
refrain
from
injuring
a
trespasser
willfully,
wantonly,
7
or
through
gross
negligence.
For
purposes
of
this
section,
8
“trespasser”
means
a
person
who
knowingly
enters
the
land
of
an
9
owner,
lessee,
or
occupant
without
any
legal
right,
express
or
10
implied,
or
reasonably
should
have
known
that
the
person
was
11
entering
the
land
of
an
owner,
lessee,
or
occupant
without
any
12
legal
right,
express
or
implied.
13
2.
An
owner,
lessee,
or
occupant
of
land
may
be
liable
for
14
injury
to
a
child
who
is
less
than
sixteen
years
of
age
caused
15
by
a
dangerous
condition
on
the
land
if
all
of
the
following
16
conditions
exist:
17
a.
The
owner,
lessee,
or
occupant
knew
or
reasonably
should
18
have
known
that
such
children
were
likely
to
trespass
at
the
19
location
of
the
dangerous
condition.
20
b.
The
dangerous
condition
is
one
that
the
owner,
lessee,
or
21
occupant
knew
or
reasonably
should
have
known
existed,
and
that
22
the
owner,
lessee,
or
occupant
realized
or
should
have
realized
23
involved
an
unreasonable
risk
of
death
or
bodily
injury
to
such
24
children.
25
c.
The
injured
child
did
not
discover
the
dangerous
26
condition
or
realize
the
risk
involved
in
the
condition
or
the
27
risk
of
injury
in
the
area
made
dangerous
by
the
condition.
28
d.
The
owner,
lessee,
or
occupant
failed
to
exercise
29
reasonable
care
to
eliminate
the
danger
or
otherwise
protect
30
the
child.
31
3.
Notwithstanding
the
application
of
subsection
2
to
a
32
child
who
is
less
than
sixteen
years
of
age,
a
child
who
is
33
fourteen
years
of
age
or
older
is
presumed
to
appreciate
the
34
risk
of
dangerous
conditions
on
land,
but
this
presumption
may
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2367
be
overcome
if
the
claimant
proves
that
the
child,
at
the
time
1
of
the
injury,
did
not
have
the
ability
to
appreciate
the
risk.
2
4.
An
owner,
lessee,
or
occupant
of
land
whose
actions
are
3
justified
under
section
704.3,
704.4,
or
704.5,
shall
not
be
4
liable
to
a
trespasser
for
damages
arising
from
those
actions.
5
5.
This
section
does
not
affect
chapter
461C
or
create
or
6
increase
the
liability
of
any
person.
7
Sec.
2.
APPLICABILITY.
This
Act
applies
to
all
causes
of
8
actions
accrued
on
or
after
the
effective
date
of
this
Act.
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