Sub. S. B. No. 202 As Passed by the House

Cosponsors: Senators Patton, Grendell, Eklund, LaRose, Bacon, Balderson, Beagle, Burke, Coley, Faber, Hite, Hughes, Jones, Jordan, Lehner, Manning, Niehaus, Schaffer, Widener
Representatives Garland, Slaby, Hayes, Blessing, Bubp, Conditt, Young, Adams, R., Beck, Buchy, Combs, Damschroder, Derickson, Grossman, Hackett, Hall, Johnson, Newbold, Scherer, Thompson, Uecker, Wachtmann Speaker Batchelder

Section 1. That section 2305.402 of the Revised Code be	14
enacted to read as follows:	15

(1) "Possessor of real property" means the owner, lessee,	17
renter, or other occupant of real property.	18

(2) "Tort action" means a civil action for damages for	19
injury, death, or loss to person other than a civil action for	20
damages for a breach of contract or another agreement between	21
persons.	22

(3) "Trespasser" means an individual who, without express or	23
implied authorization, invitation, or inducement, enters real	24
property purely for the individual's own purposes and convenience.	25

(B) The possessor of real property does not owe a duty of	27
care to a trespasser on the property except to refrain from	28
willful, wanton, or reckless conduct that is likely to cause	29
injury, death, or loss to the person of the trespasser.	30

(C) Notwithstanding division (B) of this section, the	31
possessor of real property is liable in damages to a trespasser on	32
the property or to any other person in a tort action for injury,	33
death, or loss to the person of the trespasser that allegedly is	34
caused by the possessor of the real property if, at the time the	35
injury, death, or loss allegedly is caused, the possessor knows,	36
or from facts within the possessor's knowledge should know or	37
believe, that the trespasser is in a position of peril on the	38
property, and the possessor of the property fails to exercise	39
ordinary care to avoid causing that injury, death, or loss.	40

(D)(1) Notwithstanding division (B) of this section, the	41
possessor of real property is liable in damages to a trespasser on	42
the property who is a child, to a parent, guardian, or custodian	43
of the child, or to any other person in a tort action for injury,	44
death, or loss to the person of the child that allegedly is caused	45
by an artificial condition on the real property if, at the time	46
the injury, death, or loss allegedly is caused, all of the	47
following apply:	48

(a) The place on the property where the artificial condition	49
exists is a place upon which the possessor of the property knows	50
or has reason to know that children are likely to trespass.	51

(b) The artificial condition is a condition that the	52
possessor of the property knows, has reason to know, realizes, or	53
should realize will involve an unreasonable risk of death or	54
serious injury to those children.	55

(c) Because of their youth, the children who are likely to	56
trespass on the property do not discover the artificial condition	57
on the property or do not realize the risk involved in	58
intermeddling with it or coming within the area made dangerous by	59
it.	60

(d) The utility to the possessor of the property of	61
maintaining the artificial condition and the burden of eliminating	62
the danger involved in maintaining the condition are slight in	63
comparison to the risk of injury, death, or loss to the person of	64
those children.	65

(e) The possessor of the property fails to exercise	66
reasonable care to eliminate the danger involved in maintaining	67
the artificial condition or to otherwise protect the children who	68
are likely to trespass on the property.	69

(2) Notwithstanding division (B) of this section, the	70
possessor of real property is liable in damages to an adult person	71
who trespasses on the property or to any other person in a tort	72
action for injury, death, or loss to the person of the adult that	73
allegedly is caused in an attempt by the adult person to rescue a	74
child who trespasses on the property under the conditions	75
specified in division (D)(1) of this section.	76

(E)(1) This section does not create a new cause of action or	77
substantive legal right against the possessor of real property.	78

(2) This section does not affect any civil liability under	79
another section of the Revised Code or the common law of this	80
state of a possessor of real property with respect to trespassers	81
under circumstances not covered by this section or with respect to	82
individuals other than trespassers, including, but not limited to,	83
civil liability to invitees or licensees on the property.	84

(A) To declare that the American Law Institute's recently	105
finalized "Restatement Third of Torts: Liability for Physical and	106
Emotional Harm (Section 51)," that imposes broad new duties on	107
those who own, occupy, or control premises, including the duty to	108
exercise reasonable care toward all trespassers, does not	109
constitute the public policy of the state of Ohio.	110

(B) To codify and preserve the current law in Ohio on the	111
duties owed to trespassers by those who own, occupy, or control	112
premises, as promulgated by the Ohio Judicial Conference in Ohio	113
Jury Instruction CV 617.09, "Licensee and trespasser," as revised	114
on December 14, 2002, and as set forth in the holdings of the Ohio	115
Supreme Court in Glandon v. Greater Cleveland Regional Transit	116
Auth. (1996), 75 Ohio St.3d 312 and Bennett v. Stanley (2001), 92	117
Ohio St.3d 35, and their progeny.	118

(3) This section does not affect any immunities from or	85
defenses to tort liability established by another section of the	86
Revised Code or available at common law to which a possessor of	87
real property may be entitled in connection with injury, death, or	88
loss to the person or property of a trespasser on the property,	89
including, but not limited to, self-defense or defense of third	90
persons.	91

(4) This section does not affect any criminal liability that	92
the possessor of real property may have for injury, death, or loss	93
to the person or property of a trespasser on the property.	94

(5) This section does not affect any immunities from or	95
defenses to civil liability established by another section of the	96
Revised Code or available at common law to which a possessor of	97
real property may be entitled in connection with injury, death, or	98
loss to the person or property of a trespasser on real property	99
owned, leased, rented, or occupied by another person, including,	100
but not limited to, self-defense or defense of third persons.	101

Section 2. In enacting section 2305.402 of the Revised Code	102
in this act, it is the intent of the General Assembly to do all of	103
the following:	104