Under the traditional approach, what is a landowner obligated to avoid when dealing with trespassers?

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A landowner, under the traditional approach to premises liability, has a duty to refrain from willful misconduct when dealing with trespassers. This means that while landowners are generally not required to keep their property safe for trespassers, they must not deliberately harm or set traps for them. Willful misconduct indicates an intentional act of harm or disregard for the safety of others.

Landowners do not owe a duty to protect trespassers from harm that arises from natural conditions on the property, nor are they expected to take active steps to ensure that trespassers do not enter the property. However, if a landowner knows that a trespasser is on their property and acts with willful misconduct, they can be held liable for any resulting injuries. This principle reinforces the importance of maintaining a balance between property rights and the responsibility for the safety of individuals who may enter the property unlawfully.

In contrast to willful misconduct, negligence involves failing to act with reasonable care, but in the context of trespassers, the landowner's avoidance of willful misconduct is the critical concern.

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