AB 22

This bill sets forth limits on the civil liability of private property owners to

trespassers. Under the bill, a private property owner, including a lawful tenant or

other occupant of private property, owes no duty of care to a trespasser on his or her

property and may not be found liable for an act or omission relating to a condition

on his or her property that causes injury or death to a trespasser, except under

certain circumstances. The bill defines a trespasser as anyone who enters onto

private property without the express or implied consent of the property owner and

sets forth criteria for determining whether the owner gave implied consent to enter

onto the property.

Under the bill, a private property owner may be liable for injuries that he or she

intentionally causes to a trespasser, unless the private property owner was acting

reasonably in self-defense or in the defense of another.

Under the bill, a private property owner may, under certain circumstances, be

liable for injuries to a trespasser who is a child. Liability may attach if the child was

injured because of an artificial condition on the property that the owner knew or

should have known was unreasonably dangerous and knew or should have known

a child was likely to trespass near and if other factors indicate that the owner acted

unreasonably in failing to prevent harm to the child.