32-47-02. Exceptions to land possessor immunity
1. a. Notwithstanding section 32-47-01, a possessor of land may be subject to liability
for physical injury or death to a trespasser in the following situations:
(1) A land possessor has a duty not to harm the trespasser in a willful and
wanton manner, except as permitted under section 12.1-05-06, 12.1-05-07,
12.1-05-07.1, or 12.1-05-07.2;
(2) A land possessor that knows of the trespasser's presence on the premises
has a duty to exercise ordinary care to avoid injuring that trespasser; and
(3) A land possessor may be subject to liability for physical injury or death to a
child trespasser resulting from an artificial condition on the land if:
(a) The possessor knew or had reason to know that children were likely to
trespass at the location of the condition;
(b) The condition is one the possessor knew or reasonably should have
known involved an unreasonable risk of death or serious bodily harm
to children;
(c) The injured child did not discover the condition or realize the risk
involved in the condition or coming within the area made dangerous
by it;
(d) The utility to the possessor of maintaining the condition and the
burden of eliminating the danger were slight as compared with the risk
to the child involved; and
(e) The land possessor failed to exercise reasonable care to eliminate the
danger or otherwise protect the injured child.
b. For purposes of this subsection, "artificial condition" means a structure or other
manmade condition and does not include living animals.
2. This section does not affect chapter 53-08.
3. This section does not create or increase the liability of any person or entity.
