22.6.3 Trespassers.

• Jurisdiction: Arizona

22.6.3 Trespassers. A trespasser is one who enters or remains upon land without having a privilege to do so created by the possessor’s consent or otherwise.⁶⁸ But permission to enter may be implied as a result of the possessor’s past actions or customs in the area.⁶⁹ In 1946, the Arizona Supreme Court adopted Restatement (Second) of Torts § 334, which provides for a landowner’s liability to trespassers, in an area which the possessor knows to be constantly intruded upon, for activity or conditions posing a...