Premise and Trespasser Liability

Property owners should not be held liable for injuries sustained by trespassers who unlawfully enter their property or engage in criminal activity unbeknownst to the property owner.

The Problem

ATRA’s Position

Enact laws that clearly limit property owner liability for injuries to trespassers, ensuring fairness while maintaining reasonable safety standards for lawful visitors.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Premise and Trespasser Liability
Trespasser Responsibility – S.B. 338 (2021)
Provides that, in general, a landowner does not owe a duty of care to trespassers with respect to the condition of the property....
Montana
Premises Liability Reform – S.B. 115 (2022)
Clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mou...
Colorado
Premises Liability Reform: S.B. 2901 (2019)
Creates the Landowners Protection Act to regulate the liability of landowners when an invitee is injured on the landowner’s property, and revise...
Mississippi
Trespasser Liability : H.B. 658 (2018)
Provides that a possessor of any interest in real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser,...
Idaho
Premises Liability Reform: H.B. 427 (2017)
Clarify property owner is not liable for firefighter acts View the bill here...
Montana
Trespasser Liability: H.B. 775 (1999)

Limits landowner’s liability to injured trespassers.

Florida
Premises Liability: H.B. 13 (2004)
Abolished civil liability for premises owners for death or injury to an independent contractor or their employees if the contractor knew or should hav...
Mississippi
Trespass Liability Reform: Special Session S.B. 22 (2011)
Codifies current law as it relates to the duty of care owed to a trespasser by a possessor of land.  The purpose of the bill is to prevent the courts ...
Wisconsin
Trespasser Liability Reform: S.B. 1160 (2011)
Codifies traditional common law rules with respect to the duty a landowner owes to a trespasser and prevent courts from adopting the new radical stand...
Texas
Landowners and Trespassing Liability: H.B. 1087 (2011)
Codifies existing South Dakota law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers.  Provides ...
South Dakota


Premise and Trespasser Liability News and Press

Explore ATRA's most recent press releases and blogs around Premise and Trespasser Liability

Michigan Legislature in “Legislative Limbo” as Lawmakers Weigh Fix for Premises Liability Crisis

Michigan lawmakers are in “Legislative Limbo” according to the latest Legi...

Gov. Kemp Signs Major Tort Reform Bills in ‘Judicial Hellhole’ Georgia

Today, the American Tort Reform Association celebrates Gov. Brian Kemp sig...

Liability Reform Bills Prioritized and Signed in Montana

Another key civil justice reform bill was signed today by Governor Greg Gi...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Premise and Trespasser Liability
Search All
States
Status
Post Types
Date
The Kroger Co. v. Solano
(U.S., filed October 5, 2026): Arguing that review is needed to clarify that federal courts may not certify a Rule 23(b)(3) class containing uninjure...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Rutledge v. Walgreens Co., et. al.
(2nd Circ., filed September 17, 2026): Arguing that a rehearing en banc is needed to restore uniformity in the circuit’s application of Rule 702 and ...
2nd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
WHB 823 v. Uber Technologies, Inc.
(4th Circ., filed August 31, 2026): Arguing that the District Court’s ruling abandons traditional fault-based tort principles.  Fault-based tort prin...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
CareFirst of Maryland, Inc. v. Johnson & Johnson; Janssen Biotech, Inc.
(4th Circ., filed August 19, 2026): Arguing that the Court should reject the novel theory of imposing strict liability and reaffirm that Section 2 re...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Mead Johnson & Co. LLC v. Greear
(U.S., filed August 7, 2026): Arguing that the lower court’s holding on specific jurisdiction inexplicably ignores and conflicts with this Court’s de...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Lyle & Bruso v. State Farm
(Ok., filed July 9, 2026): Arguing that allowing the district court’s so-called “protective order” to stand would make Oklahoma a significant nationa...
Oklahoma
  • Case Not Yet Decided iconCase Not Yet Decided
Benavides v. Tesla
(11th Circ., filed July 9, 2026): Arguing that the judgment holds manufacturers to unreasonable standards that will deter innovation and development ...
11th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided



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