OHIO Acts of the 129th General Assembly (2011-2012)
SB 202, File 122
AN ACT
To enact section 2305.402 of the Revised Code
to specify the responsibility of a possessor of real property to a
trespasser and the circumstances in which the possessor may be
liable in a tort action for the death or injury of a trespasser,
and to specify that it is the intent of the General Assembly to
declare that the American Law Institute's finalized
"Restatement Third of Torts: Liability for Physical and
Emotional Harm" does not constitute the public policy of the
state of Ohio and to codify the current law of Ohio regarding the
duties owed to trespassers by those who own, occupy, or control
premises.
Be it enacted by the General Assembly of the State of
Ohio:
SECTION 1. That section 2305.402 of the
Revised Code be enacted to read as follows:
Sec. 2305.402. (A) As used in this
section:
(1)
"Possessor of real property" means the owner, lessee,
renter, or other occupant of real property.
(2) "Tort
action" means a civil action for damages for injury, death, or
loss to person other than a civil action for damages for a breach
of contract or another agreement between persons.
(3)
"Trespasser" means an individual who, without express or
implied authorization, invitation, or inducement, enters real
property purely for the individual's own purposes and
convenience.
(4)
"Child" means an individual under eighteen years of
age.
(B) The
possessor of real property does not owe a duty of care to a
trespasser on the property except to refrain from willful, wanton,
or reckless conduct that is likely to cause injury, death, or loss
to the person of the trespasser.
(C)
Notwithstanding division (B) of this section, the possessor of real
property is liable in damages to a trespasser on the property or to
any other person in a tort action for injury,...
