35-15-24
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 property. (Acts 1981, No. 81-825, p. 1468, §5.)...
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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
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 trespasser of dangers known after discovery
that the trespasser is in a position of peril after the possessor has knowledge of the presence
of the trespasser. d. Exercise reasonable care to warn a known...
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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
interest in, over, or under land, including structures, fixtures, and other improvements and
interests which by custom, usage, or law pass with a conveyance of land though not described
in the contract of sale or instrument of conveyance. "Real estate" includes parcels
with or without upper or lower boundaries, and spaces that may be filled with air or water.
(22) RESIDENTIAL PURPOSES. Use for dwelling or recreational purposes, or both. (23) SECURITY
INTEREST. An interest in real estate or personal property created by contract or conveyance,
which secures payment or performance of an obligation. The term includes a lien created by
a mortgage, vendor's lien, deed of trust, contract for deed, land sales contract, lease intended
as security, assignment of lease, rents intended as security, or any similar security device,
pledge of an ownership interest in an association, and any other consensual lien or title
retention contract intended as security for an obligation. (24) SPECIAL...
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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
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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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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