What This Statute Says
Premises liability law in Arizona generally turns on the legal status of the injured person. Invitees and licensees get more protection than trespassers. This section narrows the duty owed to trespassers to refraining from intentional, wilful, or wanton injury.
A. A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury.
A.R.S. § 12-557When This Statute Comes Into Play
This rule matters when:
- A trespasser is injured on vacant land held by an estate or trust.
- A child is hurt on rural family property after entering without permission.
- A neighbor is hurt while crossing estate land in violation of clear no-trespassing notice.
What This Means for Arizona Families
Vacant estate land and rural family property can become liability traps when trespassers wander on. This section provides meaningful protection for the possessor by limiting the duty to refrain from intentional or wanton injury. Ordinary negligence in maintenance is not enough to create liability to a true trespasser.
If you are the personal representative or trustee of property where injuries to trespassers are a concern, this statute is a real protection. Our FAQ on managing real estate during probate or trust administration covers the broader fiduciary duties around real property. An Arizona real estate or probate attorney working with an insurance broker can evaluate exposure and recommend any additional protections, including liability insurance and posted no-trespassing notices. The limited duty under this section does not eliminate the value of those protections; it sets a floor. Pairing the statute with a sound premises management plan keeps both the trustee and the beneficiaries protected from claims that should never have been viable.