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North Dakota Century Code Title 32. Judicial Remedies § 32-47-02. Exceptions to land possessor immunity

Current as of January 01, 2024 | Updated by Findlaw Staff

1. a. Notwithstanding section 32-47-01, a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situations:

(1) A land possessor has a duty not to harm the trespasser in a willful and wanton manner, except as permitted under section 12.1-05-06, 12.1-05-07, 12.1-05-07.1, or 12.1-05-07.2;

(2) A land possessor that knows of the trespasser's presence on the premises has a duty to exercise ordinary care to avoid injuring that trespasser; and

(3) A land possessor may be subject to liability for physical injury or death to a child trespasser resulting from an artificial condition on the land if:

(a) The possessor knew or had reason to know that children were likely to trespass at the location of the condition;

(b) The condition is one the possessor knew or reasonably should have known involved an unreasonable risk of death or serious bodily harm to children;

(c) The injured child did not discover the condition or realize the risk involved in the condition or coming within the area made dangerous by it;

(d) The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and

(e) The land possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.

b. For purposes of this subsection, “artificial condition” means a structure or other manmade condition and does not include living animals.

2. This section does not affect chapter 53-08.

3. This section does not create or increase the liability of any person or entity.

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Cite this article: FindLaw.com - North Dakota Century Code Title 32. Judicial Remedies § 32-47-02. Exceptions to land possessor immunity - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-32-judicial-remedies/nd-cent-code-sect-32-47-02/

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