20-9-11.5. Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.

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.