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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 Liability Reform: HB 2004 (2013)
Codifies the common law with regards to trespassers. Provides that a possessor of real property owes no duty of care to a trespasser except in circums...
Virginia
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Landowner Liability: SB 378 (1997)
Provides that landowners owe no duty of care to keep the premises safe for entry or to give warning of dangerous or hazardous condition to others who ...
West Virginia
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Trespasser Liability Reform: SB 1410 (2012)
Codifies the common law regarding liability of a possessor of land relating to an individual trespassing on the possessor’s land. Provides that ...
Arizona
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Trespasser Liability Reform: S.B. 342 (2012)
Codifies longstanding state common law that a possessor of real property owes no duty of care to a trespasser except to: (1) refrain from causing want...
Alabama
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Trespasser Liability: H.B. 108 (2015)

Codifies the common law of trespass in Wyoming.

Wyoming
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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
Drake v. Bayer
(9th Circ., filed March 24, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class ...
California
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
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BRP Group, Inc. v. Wagner
(DE, filed April 15, 2025): Arguing that the carveout in the final clause of Section 6 of S.B. 313 amounts to an unconstitutional bill of attainder an...
Delaware
  • Case Not Yet Decided iconCase Not Yet Decided
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Newman v. Bayer Inc.
(2nd Circ., filed April 9, 2025): Arguing that Article III and the Rules Enabling Act preclude construing Rule 23 to permit certification of a class l...
2nd Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
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The Plaintiffs’ Lawyer Quest for the Holy Grail
One can only imagine the scene inside the plaintiffs’ lawyers’ R&D laboratory for expansive liability theories when they created today’s public nu...
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Perlmutter v. Federal Insurance Company, Harold Perenboom, and William Douberley
(Fl., filed March 20, 2025): Section 768.72 of Florida law deliberately altered the common law to raise the evidentiary burden for recovering punitive...
Florida
  • Case Not Yet Decided iconCase Not Yet Decided
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Laboratory Corporation of America Holdings v. Davis et. al.
(U.S., filed March 12, 2025): Arguing that Rule 23(b)(3) does not circumvent fundamental limitations on federal jurisdiction in class actions.  The co...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Legal Services Advertising in the United States – 2020-2024
In 2024, it is estimated that more than $2.5 billion were spent on more than 26.9 million ads across all analyzed mediums for legal services or solici...
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Smith Jr. v. Terumo BCT, Inc.
(Co. App., filed March 3, 2025): Arguing that traditional tort-law principles preclude medical monitoring as a claim or remedy without present physica...
Colorado
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
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Smith & Wesson Brands v. Estados Unidos Mexicanos
(U.S., filed December 4, 2024): Arguing that foreseeability is not a substitute for proximate causation. The petition is emblematic of numerous lawsui...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
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Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco
(Ca., filed November 4, 2024): Arguing that the novel duty to innovate recognized by the Court of Appeal would flood the judiciary and burden manufact...
California
  • Case Not Yet Decided iconCase Not Yet Decided
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