UJI 13-1306. Duty to trespasser; activity of owner.

If the owner is engaged in activities on the owner’s land, the owner has a duty to use ordinary care to avoid injury to a trespasser, if: (1) The activity involves an unreasonable risk of death or great bodily harm to persons coming onto the land; (2) The owner knows or should reasonably know that [there are constant intrusions by trespassers onto the area in which the activity is permitted] [there are trespassers on the land in dangerous proximity to the activity]; and (3) The owner has reason to believe that the trespasser will not realize the risk of harm involved. [If the activity involves a controllable force, the owner has a duty either to use reasonable care to control the force to avoid injury or to give adequate warning.] The [owner] [occupant] of the land has no duty to regulate the [owner] [occupant]’s activities so as to avoid injury to a trespasser, unless and until the [owner] [occupant] knows or should know that the trespasser is on the [owner] [occupant]’s land.