- (a) A possessor of land 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 real property possessed by the possessor of land.
(b) Notwithstanding subsection (a), a possessor of land may be subject to liability for physical injury or death to a child trespasser if all of the following apply:
- (1) The structure or condition complained of is maintained or permitted on the property by the possessor.
- (2) The structure or condition is particularly dangerous to children.
- (3) The danger is latent, uncommon to nature, and unlikely to be comprehended by children.
- (4) The structure or condition is particularly attractive to children and provides a special enticement for children to play or sport on the structure or condition.
- (5) The possessor has actual or constructive knowledge of both the structure or condition and the likelihood that children will trespass and be injured.
- (6) The injury is a natural, probable, and foreseeable result of the wrong.
As added by P.L.88-2015, SEC.3.