Trespass liability bill advances

January 26, 2017

A bill to address trespassing, HSB35, advanced out of a House Judiciary subcommittee Thursday and now goes to the full committee. The bill codifies common law on the duty of care owed to trespassers to refrain from willfully and wantonly harming a trespasser. The purpose of the bill is to ward off courts from adopting an expanded duty of care, included in the restatement 3rd of torts. A subcommittee on the Senate version, SSB1011, is scheduled for Jan. 30.