SB342 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Phillip W. Williams
Republican
Session: Regular Session 2012
Title: Trespass, no duty to certain persons who trespass, Sec 6-5-345 added
Summary: SB342 codifies the duty of care a property owner owes to trespassers, including special rules for child trespassers and artificial conditions, and clarifies use of force to stop trespassers.
What This Bill Does
It adds Section 6-5-345 to Alabama law to define the duties of possessors of real property toward trespassers. Generally, owners owe no duty to trespassers except to avoid willful or intentional harm, to warn known trespassers of known dangers, and to use reasonable care for known trespassers in peril, with permission to use force to stop trespassers as allowed by law. It creates potential liability for injuries to child trespassers caused by artificial conditions if five specific conditions are met, while the duty to child trespassers for natural conditions follows the general rule. The act takes effect immediately after passage.

Who It Affects
Possessors of real property (owners, lessees, renters, or lawful occupants) who will have defined duties toward trespassers and potential liability in certain child-injury situations.
Trespassers, including children, who enter or remain on property and may be affected by warnings, precautions, and potential liability depending on the presence of dangerous conditions and the owner’s actions.

Key Provisions
Adds 6-5-345 establishing definitions for 'possessor of real property' and 'trespasser'.
Outlines general duties: avoid intentional harm, warn known trespassers of dangers, and exercise reasonable care for known trespassers in peril; warns that open and obvious dangers are not diminished.
Allows owners to use force or other means to prevent or terminate trespass as permitted by common law or applicable statutes.
Creates a liability standard for injury or death to child trespassers caused by artificial conditions, based on five specific criteria (knowledge of trespass, dangerous condition, child’s ability to discover, risk severity, burden of eliminating the danger, and failure to exercise reasonable care).
Specifies that the duty to child trespassers regarding natural conditions follows the general rule, not a separate standard.
Rejects adoption of the Third Restatement of Torts regarding the duty to trespassers.
Effective immediately upon passage and governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Trespass