HB380 Summary

• Codifies existing case law by adding Section 6-5-345 to the Code of Alabama 1975 regarding property owners' duty of care to trespassers.

• Property owners owe no duty of care to trespassers except to refrain from causing wanton or intentional injury (including traps or pitfalls) and to warn of known dangers after discovering the trespasser's presence.

• Property owners may use force to prevent or terminate a trespass as permitted under common law or Title 13A, Chapter 3, Article 2.

• Property owners may be liable for physical injury or death to child trespassers caused by artificial conditions on the property if all five conditions are met: the owner knew or should have known children would likely trespass there, knew of the dangerous condition, the child could not discover or understand the risk due to age, the utility of maintaining the condition was slight compared to the risk, and the owner failed to exercise reasonable care.

• The statute does not create new liability or affect existing immunities or common law defenses available to property owners.