§ 18-60-108 - Liability of landowner for injury to trespasser.
18-60-108. Liability of landowner for injury to trespasser.
(a) (1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land.
(2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasser on the premises is known, and then the owner, lessee, or occupant of the land shall be liable only for injuries caused by the willful or wanton misconduct of the owner, lessee, or occupant.
(b) This section does not affect the doctrine of attractive nuisance, except that the doctrine may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of eighteen (18).
(c) As used in this section, "trespasser" means a person who enters on the property of another without permission and without an invitation, express or implied.