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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
Provides that, in general, a landowner does not owe a duty of care to trespassers with respect to the condition of the property....
Montana
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Premises Liability Reform – S.B. 115
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
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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
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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
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Premises Liability Reform: H.B. 427 (2017)
Clarify property owner is not liable for firefighter acts View the bill here...
Montana
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Trespasser Liability: H.B. 775 (1999)

Limits landowner’s liability to injured trespassers.

Florida
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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
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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
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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
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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
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Premise and Trespasser Liability News and Press

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

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

Today, the American Tort Reform Association celebrates Gov. Brian Kemp sig...
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Liability Reform Bills Prioritized and Signed in Montana

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

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Premise and Trespasser Liability
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States
Status
Post Types
Date
Monsanto v. Durnell
(U.S., filed March 2, 2026): Arguing that requirements for herbicide labeling should not be made case-by-case in litigation sparked by a flawed IARC ...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Cowan v. Dr. Slann et.al.
(N.D., filed February 23, 2026): Arguing that reasonable limits on medical liability improve the health care system for doctors and patients and Nort...
North Dakota
  • Case Not Yet Decided iconCase Not Yet Decided
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Oregon Local Legal Services Advertising 2021-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital,and print advertising to recruit new clients. In 2025, it...
Oregon
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The Junk Science Playbook
The Machine That Sparks and Supports Mass Tort LitigationIntroduction and Executive SummaryMass tort litigation is a sprawling, profit-driven...
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Bio-Lab, Inc. v. Fannie Tartt et al.
(GA, filed January 20, 2026): Arguing that traditional tort law and persuasive decisions by the U.S. Supreme Court and numerous state high courts do ...
Georgia
  • Case Not Yet Decided iconCase Not Yet Decided
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Sanctionable: The unsupported, exaggerated, and suspicious claims plaguing our nation’s courts
There is growing concern that many lawsuits filed in our nation’s courts are unsupported, involve manufactured or exaggerated injuries, or stem from ...
California, Florida, Louisiana, New York, Pennsylvania
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Lyon v. Riverside Methodist Hospital et. al.
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the co...
Ohio
  • Case Not Yet Decided iconCase Not Yet Decided
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Atlas Turner, Inc. v. Welch
(U.S., filed September 22, 2025): Arguing the Court should review the use of receiverships by the South Carolina asbestos court.  The receivership pr...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Letter to House Judiciary Committee re: Protection of Lawful Commerce in Stone Slab Products Act
This letter was submitted on behalf of the American Tort Reform Association to express our support for H.R. 5437, the “Protection of Lawful Commerce ...
California
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Letter to DOJ re: RFI on State Laws Having Significant Adverse Effects on the National Economy or Interstate Commerce
Re: Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Com...
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