Trespasser Responsibility Act
From an article in Times and Democrat:
Landowners trying to keep their property free of trespassers have gotten important protection from the Legislature.
While common sense and common law dictate the protection is not needed, recent writing in the legal world has led to belief that a guarantee is needed.
Consider a legal case such as a person breaking into a business’ store facility to steal copper. The individual steps into water while in the process and is electrocuted. A lawsuit against the business is filed. The case advances to appeal before a decision against the business is thrown out.
And these:
Children trespass on posted land riding four-wheelers. One turns over into a creek on the property and drowns. The family sues the landowner.
A hunter goes onto posted land and climbs into an old deer stand on the property. The structure is not sound and he falls out. A lawsuit follows.
As ridiculous as it seems that a person ignoring a “no trespassing” would have cause to sue over something which happened while he was on the land, the distinction between criminal law and civil law is a factor. A trespasser can be charged criminally and still seek civil remedy for injury suffered by what is argued is landowner negligence.
Until now.
South Carolina lawmakers have approved the Trespasser Responsibility Act, by a 41-1 vote in the Senate and a 94-0 vote in the House. Gov. Nikki Haley signed the bill into law. The bill codifies the common law and its limitations on liability by land possessors and provides exceptions, thereby protecting landowners from frivolous lawsuits.
Under the act and current common law, a possessor of land owes no duty to a trespasser except to refrain from causing a willful or wanton injury. The legislation is similar to statutes in 20 states, including neighboring Georgia and North Carolina.
Cam Crawford, president of the South Carolina Forestry Association, testified in support of the act at the House Wildlife Subcommittee Meeting: “The S.C. Forestry Association has always supported the common law trespassing standard that landowners owe no duty of care to trespassers except in very narrow circumstances. The passage of this act was a top priority for the South Carolina Forestry Association and we are pleased that this act provides protection for landowners against costly lawsuits by those trespassing on their property.”
Earl Hunter, executive director of the Civil Justice Coalition, underscored the Trespasser Responsibility Act as “an important piece of legislation that will protect South Carolina landowners from frivolous lawsuits, while helping to maintain balance in the South Carolina civil justice system. This legislation ensures reasonable levels of liability for South Carolina landowners and businesses.”
Lawmakers are due credit for being proactive in protecting South Carolina landowners from shifting liability for injuries incurred by trespassers from the trespassers themselves to landowners. This common-sense legislation will create consistency and fairness in the justice system in cases regarding landowner liability.
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Originally Posted by Dook
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