{"data":{"id":"us-nd/n.d.-cent.-code-32-47-02","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 32-47-02","heading":"Exceptions to land possessor immunity","body":"1.a.Notwithstanding section 32-47-01, a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situations:\n(1)A land possessor has a duty not to harm the trespasser in a willful and wanton manner, except as permitted under section 12.1-05-06, 12.1-05-07, 12.1-05-07.1, or 12.1-05-07.2;\n(2)A land possessor that knows of the trespasser's presence on the premises has a duty to exercise ordinary care to avoid injuring that trespasser; and\n(3)A land possessor may be subject to liability for physical injury or death to a child trespasser resulting from an artificial condition on the land if:\n(a)The possessor knew or had reason to know that children were likely to trespass at the location of the condition;\n(b)The condition is one the possessor knew or reasonably should have known involved an unreasonable risk of death or serious bodily harm to children;\n(c)The injured child did not discover the condition or realize the risk involved in the condition or coming within the area made dangerous by it;\n(d)The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and\n(e)The land possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.\nb.For purposes of this subsection, \"artificial condition\" means a structure or other manmade condition and does not include living animals.\n2.This section does not affect chapter 53-08.\n3.This section does not create or increase the liability of any person or entity.","path":["Title 32 Judicial Remedies","Chapter 32-47 Landowner Immunity For Trespasser Injury"],"source_url":"https://ndlegis.gov/cencode/t32c47.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"4c32c9a0a55cbaddb124106dad7b4ded2042b884b19989270fe2b16ddb0928b8","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-32-47-01","next":"us-nd/n.d.-cent.-code-32-48-01"},"notice":"GroundRules: Original legal text. Not legal advice."}