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Decision Information

Decision Content

13-1301. Trespasser; definition.

            A trespasser is a person who enters or remains upon the premises of another without the [express] [or] [implied] permission of the [owner] [occupant] of the premises.

            [A person who is on the premises of another with the permission of the [owner] [occupant] is a trespasser to the extent the person goes outside the area in which the [owner] [occupant] might reasonably expect the person to be.]

            [A person who is on the premises of another with the permission of the [owner] [occupant] is a trespasser to the extent the person uses the premises in a manner different from that which the [owner] [occupant] might reasonably expect.]

 

USE NOTES

            This instruction is to be used if there is an issue as to whether the plaintiff was a trespasser.  The bracketed sections should be selected as applicable to the evidence presented at trial.

[As amended, effective January 1, 1987; March 1, 1996.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.