SB342 Summary

• Add Section 6-5-345 to Code of Alabama 1975 to codify case law regarding property owners' duty of care owed to trespassers.

• Property owners owe trespassers no duty of care except to refrain from wanton or intentional injury, exercise reasonable care to avoid injuring known trespassers in peril, and warn known trespassers of known dangers.

• 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 injuries to child trespassers caused by artificial conditions on the property if the owner knew children were likely to trespass, knew of the dangerous condition, the child could not discover the risk due to age, and the burden of eliminating danger was slight compared to the risk.

• Preserve the open and obvious doctrine and reject adoption of the Third Restatement of Torts regarding trespasser liability; legislation becomes effective immediately upon passage and approval by the Governor.