House committee substitute to the 1st edition makes the following changes. Amends GS 38B-3 by removing reservoir from the definition of body of water. Makes organizational changes by moving the proposed language into new subsection 2a; makes conforming changes.
Bill Summaries: H228 ATTRACTIVE NUISANCES.
Printer-friendly: Click to view
-
Bill H 228 (2021-2022)Summary date: Mar 17 2021 - View Summary
-
Bill H 228 (2021-2022)Summary date: Mar 4 2021 - View Summary
Amends the instances in which a possessor of land can be subject to liability for physical injury or death to a trespasser set out in GS 38B-3. Concerning harms to trespassing children caused by artificial conditions, provides that the possessor is not subject to liability for a condition that is a body of water on the possessor's land unless the possessor creates or causes to be created a sandy area for swimmers or makes other improvements that would make the body of water attractive to a child trespasser. Defines body of water to includes a pool of water, pond, stream, creek, river, lake, reservoir, or other body of water having a primary use as a wildlife habitat, a wildlife conservation area, a wildlife water source, an irrigation source for plants or crops, or a watering place for livestock and farm animals. Applies to acts occurring on or after October 1, 2021.