What must be true for a land possessor to owe a duty to anticipated trespassers?

For a land possessor to owe a duty to anticipated trespassers, it primarily must be true that the trespassers frequently use the property. This concept relates to the idea that if the landowner is aware, or should be aware, that certain individuals are regularly trespassing on their land, they owe a duty to those individuals to avoid inflicting harm. The duty typically involves a requirement to refrain from willfully or wantonly causing injury.

In Georgia, as in most jurisdictions, a landowner has a limited duty of care toward trespassers. However, if the landowner knows, or should reasonably know, that certain individuals frequently enter the property without permission, the landowner may be expected to take certain precautions or avoid creating dangerous situations that could reasonably lead to injury.

The other options do not adequately capture the conditions under which a land possessor owes a duty to trespassers. Confirmation of their presence is not necessary; permission to enter would imply they are not trespassers; and the fact that a property is fenced off does not automatically negate the possessor's responsibility if they are aware of frequent trespass. Therefore, the frequency of use by trespassers is a significant factor in establishing the duty owed by land possessors