Also known as: artificial conditions · artificial condition on land
Written by attorneys · grounded in primary & secondary sources — see below
A man-made feature or structure on land that a possessor creates or maintains. Liability for harm to trespassers arises when the possessor knows of constant intrusion on a limited area, the feature poses a risk of death or serious bodily harm unlikely to be discovered, and the possessor fails to warn.
Metro Developments installed an underground drainage vault on its vacant lot and covered the opening with thin metal sheets. Neighborhood children repeatedly entered through a cut fence in that corner. Luis stepped on a sheet, fell into the vault, and suffered serious injuries. Metro had observed the repeated entries but posted no warnings.
Riverton Chemicals maintained an uncovered sump pit filled with caustic liquid inside an unlit loading bay. Security logs showed teenagers constantly cutting through the bay. Tyson fell into the pit at night and suffered severe burns. The company took no steps to warn or cover the pit.
Select any source to read its text and confirm it supports the definition.
Green Foundation left a deep elevator pit covered only by loose plywood at a parking structure site. Security logs documented children entering repeatedly through a gap in the fence to skateboard near the pit. Earl fell through the displaced plywood and suffered a fractured skull. The company posted only general no-trespassing signs.
VoltEnergy maintained a concealed trench filled with high-voltage cables along a rear corridor of its substation. Local children regularly squeezed through a bent fence panel to play in that corridor. Eight-year-old Liam fell into the trench and was seriously injured. The company knew of the repeated entries but added no warnings.
A possessor owes a limited duty when it knows trespassers constantly intrude on a limited area and maintains an artificial condition there that is likely to cause death or serious bodily harm and unlikely to be discovered. The duty requires reasonable care to warn of the condition and risk.
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Repeated documented entries through the same access point into the precise location of the hazard over weeks or months satisfy the requirement. Sporadic or intermittent visits do not.
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The condition must be of such a nature that the possessor has reason to believe trespassers will not discover it or realize the risk. A concealed drop or flush hazard in an unlit area typically meets this element.
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General signs at a main gate do not discharge the duty when the possessor knows of repeated entries at a specific corner containing the hazard. Targeted warnings or barriers directed at the known area of intrusion are required.
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…of the land. (Prosser, Law of Torts (4th ed. 1971) § 57, p. 354.)[^maj-3] While the possessor's liability for harm caused by artificial conditions[^maj-4] was determined in accord with ordinary principles of negligence ( id. , at p. 355; see Rest.2d Torts, §§ 364-370), the common law gave him an absolute immunity from liability for…