UJI 13-1305 NMRA

UJI 13-1305. Duty to trespasser; artificial condition on premises.

Last amended: 2025Year: 2025Length: 147 wordsOfficial source
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.
UJI 13-1305 NMRA: UJI 13-1305. Duty to trespasser; artificial condition on premises. | Justis AI