§ 35-15-24 — Otherwise Existing Liability Not Limited

Alabama § 35-15-24

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 15: Duty of Care Owed Persons on Premises for Sporting or Recreational Purposes
• Art. 2: Limitation of Liability for Non-commercial Public Recreational Use of Land

Text

(a) Nothing in this article limits in any way legal liability which otherwise might exist when such owner has actual knowledge:
(1) That the outdoor recreational land is being used for non-commercial recreational purposes;
(2) That a condition, use, structure, or activity exists which involves an unreasonable risk of death or serious bodily harm;
(3) That the condition, use, structure, or activity is not apparent to the person or persons using the outdoor recreational land; and
(4) That having this knowledge, the owner chooses not to guard or warn, in disregard of the possible consequences.
(b) The test set forth in subsection (a) of this section shall exclude constructive knowledge by the owner as a basis of liability and does not create a duty to inspect the outdoor recreational land.
(c) Nothing in this article shall be construed to create or expand any duty or ground of liability or cause of action for injury to persons on property.

Legislative History

(Acts 1981, No. 81-825, p. 1468, §5.)