HB 2

Under existing law, a person is strictly liable for civil damages for causing injury or damage to a person or a domestic animal of a person as a result of using traps or other similar devices on public land to take, capture, or kill a fur-bearing animal protected by state laws or rules

This bill would limit the liability to injuries caused by traps or similar devices used on public land in violation of state laws or rules

To amend Section 9-11-264 of the Code of Alabama 1975, relating to trapping animals and strict liability for civil damages for causing injury to a person or an animal on public land; to limit the liability to injuries caused by traps or similar devices used on public land in violation of state laws or rules.

Section 1

Section 9-11-264 of the Code of Alabama 1975, is amended to read as follows:

§9-11-264.

(a) Any person shall be strictly liable for civil damages who causes the injury or damage to any person or domestic animal as a result of using any trap or similar device on public land in violation of state laws or rules to take, capture, or kill any of the fur-bearing animals protected by the state laws or regulations of this state rules.

(b) Any person who suffers injury or damage to his or her person or domestic animal as a result of such activity on public land in violation of state laws or rules shall have an action for civil damages and such an aggrieved person need not prove negligence.

(c) The provisions of this This section shall not apply to Lawrence County.

(d) This section is not intended to expand or limit current defenses of state agents or employees."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.