View Amendment Current Amendment: JUD0986.002.DOCX to Bill 986     Senators MASSEY and CAMPSEN proposed the following amendment (JUD0986.002):
    Amend the bill, as and if amended, by striking SECTIONS 3 and 4 in their entirety and inserting:

/     SECTION     3.     Title 15 of the 1976 Code is amended by adding:


Limitation on Liability of Land Possessors to Trespassers

Trespasser Responsibility Act

    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 or mental capacity, 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."

SECTION     4.     SECTIONS 1 and 2 take effect upon approval by the Governor. SECTION 3 takes effect upon approval by the Governor and does not affect cases filed prior to July 1, 2014.         /

    Renumber sections to conform.
    Amend title to conform.