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WPI120.01Trespasser—Definition

6 WAPRAC WPI 120.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 120.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part X. Owners and Occupiers of Land
Chapter 120. Trespasser—Licensee—Social Guest—Invitee
WPI 120.01 Trespasser—Definition
A trespasser is a person who enters or remains upon the premises of another without permission or invitation, express or implied.
NOTE ON USE
Use WPI 120.02 (Duty to Trespasser) with this instruction.
COMMENT
The definition set forth in this instruction is derived from Winter v. Mackner, 68 Wn.2d 943, 945, 416 P.2d 453 (1966), and the cases cited therein.
Permission may be express or implied. In the case of a residence, an owner or occupier is deemed to have consented to a stranger's approach to the front entry of the residence absent an express communication otherwise. Singleton v. Jackson, 85 Wn.App. 835, 935 P.2d 644 (1997). Thus, generally, a party approaching a residence via a front entry will be considered a licensee, not a trespasser.
A pedestrian using a public highway or bridge that is not open to pedestrian traffic is a trespasser, not an invitee. See Fernandez v. State, ex rel. Dept. of Highways, 49 Wn.App. 28, 741 P.2d 1010 (1987).
[Current as of September 2018.]
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