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S.F. No. 791 - Duty of care owed to a trespasser
Author: Senator Warren Limmer
Prepared By: Priyanka Premo, Senate Counsel (651/296-3914)
Date: February 10, 2020


This bill prevents an owner, tenant, lessee, occupant, or other person in control of real property from owing a duty of care to a trespasser unless there is statutory or common law right of action recognized at the time this bill is enacted.

This bill does not affect any civil immunities or defenses available to a real property owner. Current law allows trespass for the purposes of outdoor recreation when permission has been obtained (section 97B.001, subdivision 4) but provides that the owner does not owe a duty of care to maintain the land or warn of dangerous conditions on the land, unless the owner acts to willfully cause injury (section 604A.22).

Effective date. This bill is effective July 1, 2020 and applies to all actions arising from incidents that occur on or after that date.


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