Answered on Aug 19th, 2012 at 4:57 AM
A trespasser is one who enters the premises of another without permission or without express or implied invitation or one who goes beyond the scope of his invitation onto the premises. While a landowner or occupier does not owe a duty to a trespasser to see that the premises are safe for his use, (See Marcovitz v. Hergenrether, 302 Ill. 162, 167, 134 N.E. 85, 87-88 (1922); Smith v. Goldman, 53 Ill.App.3d 632, 368 N.E.2d 1052, 11 Ill.Dec. 444 (2d Dist.1977), a landowner or occupier owes a duty to trespassers to refrain from willful and wanton conduct. Bofman v. Material Serv. Corp., 125 Ill.App.3d 1053, 1064, 466 N.E.2d 1064, 1072-73, 82 Ill.Dec. 262, 270-71 (1st Dist.1984). If, however, a property owner knew or should have known that an artificial condition on his property presented a risk of death or serious bodily injury, and if the owner knew of or had reason to anticipate the presence of trespassers in dangerous proximity to the hazard, then the property owner had a duty to exercise ordinary care to warn of the condition. Lee v. Chi. Transit Auth., 152 Ill.2d 432, 605 N.E.2d 493, 178 Ill.Dec. 699 (1992), applying the Restatement (Second) of Torts 337.