Current through the 2024 Budget Session
Section 34-19-203 - Artificial conditions highly dangerous to trespassing children(a) An owner of land is subject to liability for physical harm to a child trespassing on the land caused by an artificial condition upon the land if: (i) The place where the condition exists is one upon which the owner knows or has reason to know that a child is likely to trespass;(ii) The condition is one of which the owner knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to the child;(iii) The child because of his youth does not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;(iv) The utility to the owner of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to the child involved; and(v) The owner fails to exercise reasonable care to eliminate the danger or otherwise to protect the child.Added by Laws 2015 , ch. 145, § 1, eff. 7/1/2015.