ATTRACTIVE NUISANCES.

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View NCGA Bill Details2021
House Bill 228 (Public) Filed Thursday, March 4, 2021
AN ACT TO DEFINE A POSSESSOR'S LIABILITY FOR BODIES OF WATER ON THE POSSESSOR'S LAND REGARDING CHILD TRESPASSERS.
Intro. by Zachary, Dixon, Watford, Yarborough.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 15 2021)
H 228

Bill Summaries:

  • Summary date: Mar 17 2021 - View Summary

    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. 


  • 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.