Effective - 28 Aug 2018, 2 histories
537.349. Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations. — A person or legal entity owning or controlling an interest in real property, or an agent of such person or entity, shall not incur any liability for the death of or injury to a trespasser upon the property resulting from or arising by reason of the trespasser's commission of the offense of trespass if the normal faculties of such trespasser are substantially impaired by alcohol or the illegal influence of a controlled substance as defined in section 195.010. The person or entity owning or controlling an interest in such real property shall not be immune from liability if willful and wanton misconduct on the part of such person or entity or agent thereof is the proximate cause of the death of or injury to the trespasser.
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(L. 1991 S.B. 125 & 341 § 3, A.L. 2018 S.B. 608)