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35-15-24
Section 35-15-24 Otherwise existing liability not limited. (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...
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35-15-28
Section 35-15-28 Owner must establish public use. (a) The liability limitation protection
of this article may be asserted only by an owner who can reasonably establish that the outdoor
recreational land was open for non-commercial use to the general public at the time of the
injury to a person using such land for any public recreational purpose. Any owner may create
a rebuttable presumption of having opened land for non-commercial public recreational use
by: (1) Posting signs around the boundaries and at the entrance(s) of such land; or (2) Publishing
a notice in a newspaper of general circulation in the locality in which the outdoor recreational
land is situated, and describing such land; or (3) Recording a notice in the public records
of any county in which any part of the outdoor recreational land is situated, and describing
such land; or (4) Any act similar to subdivisions (1), (2), or (3) of subsection (a), which
is designed to put the public on notice that such outdoor...
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6-5-345
Section 6-5-345 Duty of care owed by possessor of real property to certain trespassers.
(a) For the purpose of this section, the following words have the following meanings:
(1) POSSESSOR OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant
of real property. (2) TRESPASSER. A person who goes upon the premises of another without permission
or invitation, expressed or implied, or who, after rightfully entering upon the premises of
another, remains on the premises after consent or license to enter or use the premises has
been terminated. (b)(1) A possessor of real property owes no duty of care to a trespasser
except to: a. Refrain from causing wanton or intentional injury, including by a trap or pitfall.
b. Exercise reasonable care to avoid causing injury to a known trespasser in a position of
peril and to use reasonable care to warn a known trespasser of dangers known by the possessor
to exist on the property. c. Exercise reasonable diligence to warn a...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings
unless the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted
by, or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of
this chapter only, authorized disposal shall be the deposit of a tire in a landfill properly
permitted to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this
chapter, cleanup means the cleaning up, remediation, control, or removal of scrap tires from
the environment. (4) CONSUMER. a. For purposes of this chapter a consumer is defined as either:
1. A retail purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale.
b. A wholesale purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT.
The Alabama Department of Environmental Management (ADEM) or its successor organization or
organizations having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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35-8A-103
Section 35-8A-103 Definitions. In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter, the following terms are
defined as set forth below: (1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled
by, or is under common control with a declarant. A person "controls" a declarant
if the person (i) is a general partner, officer, director, or employer of the declarant, (ii)
directly or indirectly or acting in concert with one or more other persons, or through one
or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing
more than 20 percent of the voting interest in the declarant, (iii) controls in any manner
the election of a majority of the directors of the declarant, or (iv) has contributed more
than 20 percent of the capital of the declarant. A person "is controlled by" a declarant
if the declarant (i) is a general partner, officer, director, or employer of the person,...
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23-1-278
Section 23-1-278 Enforcement of division generally. (a) Any sign erected or maintained
in an adjacent area after February 10, 1972, and any outdoor advertising sign, display, or
device erected with the purpose of its message being read from the main-traveled way of any
interstate highway or primary highway outside of an urban area and beyond 660 feet of the
right-of-way after April 11, 1978, in violation of the provisions of this division or the
rules and regulations promulgated under the provisions of this division may be removed by
the director upon 30 days' prior notice by certified or registered mail to the owner thereof
and to the owner of the land on which said sign is located or through court proceedings at
the option of the director. No notice shall be required to be given to the owner of the sign
or to a property owner whose name is not stated on the sign or on the structure on which it
is displayed or whose address is not stated thereon and is not on file with the director....
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling
agency, public or private, elected, appointed, or volunteer utilizing methods approved by
the health department or the department for the purpose of controlling and supervising the
collection or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material
other than earth used to cover a landfill or sanitary landfill. An alternative cover shall
be approved by the Department of Environmental Management in compliance with federal law and
United States Environmental Protection Agency rules or guidance to achieve a level of performance
equal to or greater than earthen cover material. (3) ASHES. The solid residue from burning
of wood, coal, coke, or other combustible material used for heating, from incineration of
solid wastes, or for the production of electricity at electric generating...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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35-15-23
Section 35-15-23 Limitations on legal liability of owner. Except as expressly provided
in this article, an owner of outdoor recreational land who either invites or permits non-commercial
public recreational use of such land does not by invitation or permission thereby: (1) Extend
any assurance that the outdoor recreational land is safe for any purpose; (2) Assume responsibility
for or incur legal liability for any injury to the person or property owned or controlled
by a person as a result of the entry on or use of such land by such person for any recreational
purpose; or (3) Confer upon such person the legal status of an invitee or licensee to whom
a duty of care is owed. (Acts 1981, No. 81-825, p. 1468, §4.)...
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35-15-22
Section 35-15-22 Inspection and warning not required. Except as specifically recognized
by or provided in this article, an owner of outdoor recreational land who permits non-commercial
public recreational use of such land owes no duty of care to inspect or keep such land safe
for entry or use by any person for any recreational purpose, or to give warning of a dangerous
condition, use, structure, or activity on such land to persons entering for such purposes.
(Acts 1981, No. 81-825, p. 1468, §3.)...
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