Trespasser; possessor of real property not liable for injury, exception. (HB2004)

Introduced By

Del. Ben Cline (R-Amherst) with support from co-patrons Del. Beverly Sherwood (R-Winchester), Del. Ron Villanueva (R-Virginia Beach), and Del. Michael Webert (R-Marshall)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Liability for injury to trespasser. Provides that the possessor of real property owes no duty of care to a trespasser except to refrain from injuring the trespasser by an intentional, willful, or wanton act. However, a possessor of real property may be liable for injury or death to a trespasser if (i) the possessor knew or should have known of the trespasser's presence on the property and failed to exercise ordinary care to protect the trespasser from an unsafe condition that is not open and obvious or (ii) the trespasser is a child of tender years who was injured by an instrument, machine, or other object that contained a concealed or latent danger that was not obvious to the child and the instrument, machine, or other object was easily accessible to children and in a location where children frequently gather. Read the Bill »


Bill Has Passed


01/09/2013Prefiled and ordered printed; offered 01/09/13 13101516D
01/09/2013Referred to Committee for Courts of Justice
01/21/2013Assigned Courts sub: #2 Civil
01/23/2013Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
01/28/2013Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
01/28/2013Committee substitute printed 13104403D-H1
01/30/2013Read first time
01/31/2013Read second time
01/31/2013Committee substitute agreed to 13104403D-H1
01/31/2013Engrossed by House - committee substitute HB2004H1
02/01/2013Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/01/2013VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/04/2013Constitutional reading dispensed
02/04/2013Referred to Committee for Courts of Justice
02/11/2013Reported from Courts of Justice with amendment (13-Y 1-N) (see vote tally)
02/12/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/13/2013Read third time
02/13/2013Reading of amendment waived
02/13/2013Committee amendment agreed to
02/13/2013Engrossed by Senate as amended
02/13/2013Passed Senate with amendment (39-Y 1-N) (see vote tally)
02/14/2013Placed on Calendar
02/15/2013Senate amendment agreed to by House (95-Y 1-N)
02/15/2013VOTE: ADOPTION (95-Y 1-N) (see vote tally)
02/21/2013Bill text as passed House and Senate (HB2004ER)
02/21/2013Signed by Speaker
02/21/2013Signed by President
03/12/2013G Approved by Governor-Chapter 217 (effective 7/1/13)
03/12/2013G Acts of Assembly Chapter text (CHAP0217)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 5 minutes.