Reference is to Printer's Date 3/27/14-S.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Title 15 of the 1976 Code is amended by adding:
Section 15-82-10. (A)
As used in this section, the terms:
(1)
'Possessor of land' means the possessor of any fee,
reversionary, or easement interest in real property, including
an owner, lessee, or other lawful occupant;
(2)
'Trespasser' means a person who enters or remains on the
land of another without permission or without legal
privilege.
(B) A possessor of land
owes no duty to a trespasser except to refrain from causing a
wilful or wanton injury.
(C) Notwithstanding
subsection (B), a possessor of land is subject to liability for
physical harm to children trespassing thereon caused by an
artificial condition upon the land if:
(1)
the place where the condition exists is one upon which the
possessor knows or has reason to know that children are likely
to trespass;
(2)
the condition is one of which the possessor knows or has
reason to know and which he realizes or should realize will
involve an unreasonable risk of death or serious bodily harm to
such children;
(3)
the children because of their youth do not discover the
condition or realize the risk involved in intermeddling with it
or in coming within the area made dangerous by it;
(4)
the utility to the possessor of maintaining the condition
and the burden of eliminating the danger are slight as compared
with the risk to children involved; and
(5)
the possessor fails to exercise reasonable care to
eliminate the danger or otherwise to protect the children.
(D) This chapter does
not affect any immunities from or defenses to civil liability
established by another section of the South Carolina Code of
Laws or available at common law to which a possessor of land may
be entitled." /
Renumber sections to conform.
Amend title to conform.