HB380 Alabama 2012 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2012

Title

Trespass, no duty to certain persons who trespass, Sec 6-5-345 added

Summary

This bill codifies the duty of property owners to trespassers, with a special rule about child injuries caused by artificial conditions.

What This Bill Does

It adds a new section defining who is a possessor of real property and who is a trespasser, and sets the duty of care owed to trespassers. Generally, a property owner must avoid willful or intentional injury to trespassers and must warn known dangers after learning a trespasser is present, but otherwise has no duty to trespassers. It allows use of reasonable force to stop trespassers as permitted by law. It also creates a specific liability standard for injuries to child trespassers caused by artificial conditions, under a five-part test, while clarifying it does not create or broadly increase liability or remove defenses existing under other laws.

Who It Affects

• Owners, lessees, renters, and other lawful occupants of real property (possession of real property).
• Trespassers on the property, especially child trespassers in the context of artificial conditions on the property.

Key Provisions

• Adds 6-5-345 to codify the duty of care owed to trespassers, including definitions of 'possessor of real property' and 'trespasser'.
• General duty: no duty to trespassers except to avoid wanton or intentional injury and to warn known dangers after learning a trespasser is present.
• Allows use of force to prevent or terminate trespass as allowed by common law or relevant criminal code provisions.
• Special liability for child trespassers: liability for injuries to a child caused by an artificial condition if five specific criteria are met (knowledge of potential trespass by child, unreasonable risk to child, child could not discover the danger, slight utility of the condition compared to risk, and failure to take reasonable care).
• States the section does not create or increase liability beyond existing law and does not affect other immunities or defenses.
• Effective immediately upon governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Trespass