2014 Code of Alabama
Title 35 - PROPERTY.
Chapter 15 - DUTY OF CARE OWED PERSONS ON PREMISES FOR SPORTING OR RECREATIONAL PURPOSES.
Section 35-15-40 - Liability of landowners who lease property for hunting or fishing purposes.
(a) This section shall be known and may be cited as the Landowners Protection Act.
(b) A landowner who leases property for hunting or fishing purposes shall not be liable for any damages to any person based on the use of the leased property for hunting or fishing purposes.
(c) Subsection (b) does not prevent or limit the liability of a landowner who does either of the following:
(1) Has actual knowledge at the time of the lease of a dangerous condition existing on the land that is not open and obvious, and does not make the danger known to the lessee, and the danger proximately causes injury, damage, or death to a person rightfully using the land pursuant to the lease.
(2) Intentionally or willfully causes an injury to a person rightfully using the land pursuant to the lease.
(d) Subsection (b) does not enlarge or diminish the open and obvious doctrine.
(e) This section shall not affect the liability of a third party leasing the land.
(Act 2011-293, p. 539, §§1, 2.)Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
