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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
Premises Liability Reform: SB 1946 (2002)
Reversed the Florida Supreme Court’s Nov. 15, 2001 ruling in Owens v. Publix, which shifted the burden of proof to the defendant. Owens requires...
Florida
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Trespass Liability: SB 125 (2014)
Codifies the current common law regarding trespasser liability.  It provides that a possessor of land owes no duty of care to a trespasser except to r...
Georgia
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Trespasser Liability: HB 2447 (2014)
Codifies current Kansas common law of trespass and provides that a possessor of real property owes no duty of care to a trespasser except in those cir...
Kansas
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Trespasser Liability Reform: SB 628 (2012)
Codifies existing law by providing that a real property occupant owes no duty of care to a trespasser except to refrain from harming the trespasser by...
Missouri
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Landowner Immunity for Injuries to Trespassers: HB 1452 (2011)
Codifies existing law with respect to trespassers by providing landowners immunity from liability for injuries to trespassers. Establishes that a p...
North Dakota
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Trespasser Liability Reform: SB 202 (2012)
Codifies existing law by providing that landowners immunity from liability for injuries to trespassers. Establishes that a possessor of land does not ...
Ohio
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Trespass Reform: SB 494 (2011)
Codifies Oklahoma common law which provides that land possessors do not owe a duty of care to trespassers, except under very narrow circumstances ...
Oklahoma
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Trespasser Liability Reform: S.B. 2719 (2012)
Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land.  Provides that...
Tennessee
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Trespasser Liability Reform: SB 1160 (2011)
S.B. 1160 codifies traditional common law rules with respect to the duty a landowner owes to a trespasser and prevent courts from adopting the new rad...
Texas
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Trespasser Liability Reform: HB 347 (2013)
Codifies current Utah common law regarding trespass liability. It provides that a land owner does not owe a duty of care to a trespasser except in a f...
Utah
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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
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
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Comment on “A Critical Review of Greenhouse Gas Emissions on the U.S. Climate” Report
This comment is on behalf of the American Tort Reform Association (ATRA), a broad-based coalition of businesses, associations, and professional firms...
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Gill v. Exxon Mobil Corp.
(Pa. App., filed June 23, 2025): Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial p...
Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
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CareFirst of Maryland, Inc. v. Johnson & Johnson and Janssen Biotech Inc.
(E.D. Va., filed August 15, 2025): Arguing that Plaintiffs urge an unprecedented theory that a defendant can violate antitrust law by incidentally a...
Eastern District of Virginia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
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Berk v. Choy
(U.S., filed August 7, 2025): Arguing that State legislatures enacted affidavit of merit statutes to prevent meritless lawsuits that threaten the ava...
SCOTUS
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
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U.S. ex rel. Penelow v. Janssen Products LP.
(3rd Circ., filed July 21, 2025): Arguing that the qui tam provisions violate Article II’s vesting clause, the Appointments Clause, and the Take Care...
3rd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
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Anne Arundel County v. Express Scripts
(Md., filed May 29, 2025): Arguing that the Court should join other states in affirming that public nuisance law cannot be converted into an all-enco...
Maryland
  • Case Not Yet Decided iconCase Not Yet Decided
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Geico Casualty Company v. Jilianne Warner, et. al.
(Ky. App., filed May 28, 2025): Arguing that the court erred in finding that heavy motor trucks, such as tow trucks, are inherently dangerous.  The t...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
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Monsanto v. Durnell
(U.S., filed May 9, 2025): Arguing that the Missouri Court of Appeals and other appellate courts have gutted FIFRA’s express preemption provision, al...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Gill v. Exxon Mobil Corp. 
(Pa. App., filed June 23, 2025) Arguing that trial courts must zealously ensure the integrity and fairness of the jury system throughout the trial pr...
View



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