UJI 13-1305 NMRA
UJI 13-1305. Duty to trespasser; artificial condition on premises.
If the [owner] [occupant] creates or maintains an artificial condition on the land, then
the [owner] [occupant] has a duty to a trespasser to use ordinary care to warn of the
condition and of the risk involved if:
(1)
The condition involves an unreasonable risk of death or bodily harm to
persons coming onto the land;
(2)
The [owner] [occupant] knows or reasonably should know [that there are
constant intrusions by persons in the dangerous area] [that there are persons on the
land in dangerous proximity to the condition]; and
(3)
The [owner] [occupant] has reason to believe that the trespasser will not
discover the condition or realize the risk involved.
The [owner] [occupant] owes no duty to make the [owner] [occupant]’s land safe for
a trespasser, unless and until the [owner] [occupant] knows or reasonably should know
that the trespasser is on the [owner] [occupant]’s land.