A person with a possessory interest in land may be subject to liability for physical injury or death to a trespasser if the possessor knows, or from facts within the possessor's knowledge should have known, that trespassers consistently intrude upon a limited area of the possessor's land and:
- (1) The trespasser's harm was caused by the possessor's failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for the trespasser's safety; or
(2) The trespasser's harm was cause by an artificial condition and:
- (a) The artificial condition was created or maintained by the person;
- (b) The person knew the artificial condition was likely to cause death or serious bodily injury to such a trespasser;
- (c) The artificial condition was of such a nature that the possessor had reason to believe that the trespasser would not discover it; and
- (d) The person failed to exercise reasonable care to warn the trespasser of the artificial condition and the risk involved.
Source: SL 2011, ch 111 , § 4.