ID · jury_instructions
IDJI 3.19
Trespasser, duty to
The [owner] [occupant] owes no duty to a trespasser whose presence on the premises is unknown or could not reasonably have been anticipated.
But, if the presence of the trespasser becomes known or reasonably could have been anticipated, the [owner] [occupant] has a duty not to injure the trespasser by any intentional or reckless act.
Comment:
“Reckless” appears to be the equivalent of “willful and wanton,” and is more understandable. See Comment to Instruction 2.25.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
28765204c8479e5e615d9bff4bc891eb0fc48f4a953cfcb8a4fe033114f7156c
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