Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-350 SO AS TO PROVIDE THE OWNER OF REAL PROPERTY IS NOT LIABLE IN A CIVIL ACTION TO A PERSON WHO TRESPASSES ON HIS PROPERTY OR WHO IS NOT LAWFULLY PRESENT ON THE PROPERTY AND WHO IS INJURED IN AN ACCIDENT WHILE ON THE PROPERTY, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by adding:
"Section 15-1-350. (A) The owner of real property is not liable in a civil action to a person who trespasses on his property or a person who is not otherwise lawfully present on the property and who is injured in an accident while on the property.
(B) The prohibition provided in subsection (A) is not applicable if:
(1) an act or omission by the owner of the real property is found by a court of competent jurisdiction to have been intended to cause great bodily injury;
(2) the owner of the real property is found to be grossly negligent; or
(3) the person injured is a child and the doctrine of attractive nuisance is applicable to the circumstances when real property is maintained or left in an unprotected or unguarded condition, and it is attractive and dangerous to a child."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:09 P.M.