§ 35-15-40 — Liability of Landowners Who Lease Property for Hunting or Fishing Purposes

Alabama § 35-15-40

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 15: Duty of Care Owed Persons on Premises for Sporting or Recreational Purposes
• Art. 3: Landowners’ Protection Act

Text

(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.

Legislative History

(Act 2011-293, p. 539, §§1, 2.)