Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 15 of the 1976 Code is amended by adding:
Section 15-82-10. (A)
As used in this chapter:
(1)
'Possessor of land' means the possessor of any fee,
reversionary, or easement interest in real property, including
an owner, lessee, or other lawful occupant;
(2)
'Trespasser' means a person who enters or remains on the
land of another without permission, express or implied, or
without legal right or privilege.
(B) A possessor of land
owes no duty to a trespasser except to refrain from causing an
intentional, reckless, wilful, or wanton injury.
(C) Notwithstanding
subsection (B), a possessor of land is subject to liability for
physical harm to children trespassing thereon caused by an
artificial condition upon the land if:
(1)
the place where the condition exists is one upon which the
possessor knows or has reason to know that children are likely
to trespass;
(2)
the condition is one of which the possessor knows or has
reason to know and which he realizes or should realize will
involve an unreasonable risk of death or serious bodily harm to
such children;
(3)
the children, because of their youth or mental capacity,
do not discover the condition or realize the risk involved in
intermeddling with it or in coming within the area made
dangerous by it;
(4)
the utility to the possessor of maintaining the condition
and the burden of eliminating the danger are slight as compared
with the risk to children involved; and
(5)
the possessor fails to exercise reasonable care to
eliminate the danger or otherwise to protect the children.
(D) Notwithstanding
subsection (B), a possessor of land is subject to liability for
physical harm to any person who suffers injury or death while
attempting to rescue a child from a danger created by an
artificial condition on land if the possessor is also liable for
injury to the child pursuant to subsection (C).
(E) This chapter does
not affect any immunities from or defenses to civil liability
established by another section of the South Carolina Code of
Laws or available at common law to which a possessor of land may
be entitled."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.