Exemptions from Liability.

Ala. Code tit. 6, ch. 5, art. 18

in effect

Ala. Code § 6-5-330 Breach of Contract to Marry.

6-5-330. Breach of Contract to Marry. No contract to marry which shall be made within this state after September 7, 1935, shall operate to give rise, either within or without this state, to any cause of action for breach thereof. (Acts 1935, No. 356, p. 780; Code 1940, T. 7, §114.)

Ala. Code § 6-5-331 Alienation of Affections, Criminal Conversation, and Seduction.

6-5-331. Alienation of Affections, Criminal Conversation, and Seduction. There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over. (Acts 1935, No. 356, p. 780; Code 1940, T. 7, §115.)

Ala. Code § 6-5-332 Persons Rendering Emergency Care Etc., at Scene of Accident, Etc.

6-5-332. Persons Rendering Emergency Care Etc., at Scene of Accident, Etc. (a) When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, individual affiliated with or a member of any community emergency response team who has completed a community emergency response team training curriculum that is recognized by the Federal Emergency Management Agency, Alabama-licensed emergency medical technician, intern, or resident practicing in an Alabama hospital with training programs approved by the American Medical Association, Alabama state trooper, medical aid functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to an injured individual, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured individual. (b) Any member of the crew of a helicopter that is used in the performance of military assistance to safety and traffic programs and is engaged in the performance of emergency medical service acts shall be exempt from personal liability for any property damages caused by helicopter downwash or by individuals disembarking from the helicopter. (c) When any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures. (d) Any individual who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any individual designated by an operator furnishing a mine rescue team to supervise, assist in planning, or provide service thereto, who, in good faith, performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions. Nothing contained in this subsection shall be construed to exempt from liability any individual responsible for an overall mine rescue operation, including an operator of an affected facility and any individual assuming responsibility therefor under federal or state statutes or regulations. (e) An individual or entity who, in good faith and without compensation, renders emergency care or treatment to an individual suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the individual acts as an ordinary prudent individual would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the individual rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the individual who provides training in CPR and the use of the automated external defibrillator, and the individual or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama state law. (f) Any licensed engineer, licensed architect, licensed surveyor, licensed contractor, licensed subcontractor, or other individual working under the direct supervision of the licensed individual who participates in emergency response activities under the direction of, or in connection with, a community emergency response team that has completed a community emergency response team training curriculum recognized by the Federal Emergency Management Agency, county emergency management agency, the state emergency management agency, or the Federal Emergency Management Agency shall not be liable for any civil damages as a result of any acts, services, or omissions provided without compensation, in such capacity if the individual acts as a reasonably prudent individual would have acted under the same or similar circumstances. The immunity provided in this subsection shall apply to any acts, services, or omissions provided within 90 days after declaration of the emergency. (g) Any individual who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the individual in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured individual if the individual acts as a reasonably prudent individual would have acted under the same or similar circumstances. (Acts 1966, Ex. Sess., No. 253, p. 377; Acts 1975, No. 1233, p. 2594; Acts 1981, No. 81-804, p. 1427; Acts 1987, No. 87-390, p. 558, §1; Acts 1993, No. 93-373, §1; Act 99-370, p. 595, §3; Act 2006-104, p. 134, §1; Act 2011-579, p. 1253, §1; Act 2024-330, §1; Act 2025-63, §1.)

Ala. Code § 6-5-332.1 Immunity of Persons Assisting or Advising as to Mitigation of Effects of Discharge of Hazardous Materials; Nonimmunity of Certain Persons.

6-5-332.1. Immunity of Persons Assisting or Advising as to Mitigation of Effects of Discharge of Hazardous Materials; Nonimmunity of Certain Persons. (a) As used in this section, the following words and terms shall have meanings respectively ascribed to them by this section: (1) DISCHARGE. Includes leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency. (3) PERSON. Includes any qualified individual, partnership, corporation, association, or other entity. A qualified individual is one who is trained in the handling of hazardous materials. (b) Notwithstanding any provision of law to the contrary, no person, including a response action contractor as defined in Section 22-35-3, who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of, or in attempting to prevent, clean up, or dispose of any such discharge, shall be subject to civil liabilities or penalties of any type. (c) The immunities provided in subsection (b) of this section shall not apply to any person whose acts or omissions proximately caused, in whole or in part, the original actual or threatening discharge or any additional or further actual or threatening discharge. (d) Nothing in subsection (b) of this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person’s gross negligence, or from such person’s reckless, wanton, or intentional misconduct. (e) Nothing in subsection (b) of the this section shall be construed to limit or otherwise affect the liability of any product manufacturer or seller for damages where such manufacturer or seller’s product proximately caused, in whole or in part, the original actual or threatening discharge; any additional or further actual or threatening discharge; or the additional or further migration of the original actual discharge. (Acts 1986, No. 86-539, p. 1050; Act 2015-466, §1.)

Ala. Code § 6-5-332.2 Immunity of Persons Responding to Oil Spills.

6-5-332.2. Immunity of Persons Responding to Oil Spills. (a) This section shall be known and may be cited as the Alabama Act Regarding Liability for Persons Responding to Oil Spills. (b) For the purposes of this section, the following terms shall have the following meanings: (1) DAMAGES. Damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge, or threatened discharge of oil. (2) DISCHARGE. Any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (3) FEDERAL ON-SCENE COORDINATOR. The federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D of the National Contingency Plan, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan. (4) NATIONAL CONTINGENCY PLAN. The National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act [33 U.S.C. § 1321(d)], as amended by the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990). (5) OIL. Oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, gasoline, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. (6) PERSON. An individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body. (7) REMOVAL COSTS. The costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. (8) RESPONSIBLE PARTY. a. Vessels. In the case of a vessel, any person owning, operating, or demise chartering the vessel. b. Onshore Facilities. In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit. c. Offshore Facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. § 1501 et seq.), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable state law or the Outer Continental Shelf Lands Act (43 U.S.C. §§ 1301-1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit. d. Deepwater Ports. In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. §§ 1501-1524), the licensee. e. Pipelines. In the case of a pipeline, any person owning or operating the pipeline. f. Abandonment. In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility. (c) (1) Notwithstanding any other provision of law, a person, including a response action contractor as defined in Section 22-35-3, is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator or by any state official with responsibility for oil spill response. (2) Subdivision (1) of this subsection does not apply: a. to a responsible party; b. with respect to personal injury or wrongful death; c. if the person is grossly negligent or engages in wanton or willful misconduct: or d. If the person’s act(s) or omission(s) proximately caused, in whole or in part, the original actual or threatening discharge; or any additional or further actual or threatening discharge. (3) A responsible party is liable for any removal costs and damages that another person is relieved of under subdivision (1). (4) Nothing in this section affects the liability of a responsible party for oil spill response under state law. (Acts 1991, No. 91-470, p. 852, §§1-3; Act 2015-466, §1.)

Ala. Code § 6-5-332.3 Use of Automated External Defibrillator.

6-5-332.3. Use of Automated External Defibrillator. (a) As used in Section 6-5-332, the term “automated external defibrillator” or “AED” means a medical device heart monitor and defibrillator that meets all of the following specifications: (1) Is commercially distributed in accordance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.). (2) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed. (3) Upon determining that defibrillation should be performed, semiautomatically or automatically charges and delivers an electrical impulse through the chest wall and to an individual’s heart. (b) A person or entity that acquires an AED shall ensure all of the following: (1) That expected defibrillator users are encouraged to successfully complete a course in automated external defibrillation and cardiopulmonary resuscitation (CPR) that is offered or approved by a nationally recognized organization and includes instruction on psychomotor skills and national evidence-based emergency cardiovascular guidelines that are current. (2) That the defibrillator is maintained and tested according to the manufacturer’s operational guidelines. (c) Each manufacturer shall provide in-service training materials on the AED use and operation to each person or entity who acquires the AED. (d) A person or entity who acquires an automated external defibrillator shall notify thedistributor of the AED if any change of ownership of the AED occurs. (e) This section shall not apply to an individual using an AED in an emergency setting if that individual is acting as a good samaritan pursuant to Section 6-5-332. (Act 99-370, p. 595, §§1, 2; Act 2015-161, §1.)

Ala. Code § 6-5-332.4 Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle.

6-5-332.4. Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle. (a) As used in this section, the following terms shall have the following meanings: (1) INCAPACITATED PERSON. A person as defined in Section 26-2A-20. (2) MOTOR VEHICLE. A motor vehicle as defined in Section 32-1-1.1. (b) A person who enters a motor vehicle by force or otherwise, for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from civil liability for damage to the motor vehicle if the person meets all of the following requirements: (1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance. (2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm. (3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter. (4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary. (5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive. (Act 2017-241, §1.)

Ala. Code § 6-5-332.5 Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle; Public Safety Officials.

6-5-332.5. Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle; Public Safety Officials. (a) As used in this section, the following terms shall have the following meanings: (1) CHILD. A person who is under nine years of age. (2) INCAPACITATED PERSON. As defined in Section 26-2A-20. (3) MOTOR VEHICLE. As defined in Section 32-1-1.1. (4) PUBLIC SAFETY OFFICIAL. An individual employed by a law enforcement agency, fire department, or 911 emergency service. (b) No person shall leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person. A vehicle that has an ambient interior temperature of 99 degrees Fahrenheit or less shall be presumed safe. (c) A person who enters a motor vehicle by force or otherwise at the direction of a public safety official for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from criminal liability for damage to the motor vehicle if the person meets all of the following requirements: (1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance. (2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm. (3) Contacts a public safety official before entering the motor vehicle, provides information requested by the public safety official, and remains in contact with the public safety official until the child or incapacitated person is in a safe condition. (4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary. (5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive. (d) A public safety official who has been contacted by a person reporting a child or incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person shall immediately dispatch a locksmith or towing company with vehicle lockout capabilities and attempt to make contact with a registered vehicle owner and the vehicle operator. (e) A public safety official, acting reasonably in the course of his or her employment and pursuant to this section, shall be immune from criminal liability and civil liability in accordance with Section 36-1-12. (Act 2019-475, §§1-2.)

Ala. Code § 6-5-332.6 Persons Who Provide Transportation to Health Care Facility or Health Care Provider Under Certain Circumstances.

6-5-332.6. Persons Who Provide Transportation to Health Care Facility or Health Care Provider Under Certain Circumstances. (a) A person who, in good faith, and not for compensation, provides an individual transportation to a health care facility or health care provider is not subject to civil liability for negligence claimed by the individual receiving the transportation, if the provider could not have reasonably anticipated the particular harm caused by the negligent act while acting in the line and scope of a volunteer in providing transportation, or the act or omission was not the result of the provider’s willful or wanton misconduct. The immunity provided in this subsection includes transportation from an individual’s residence. (b) Acceptance by the transportation provider of a gratuitous contribution or donation made by the individual receiving transportation services does not constitute a waiver of immunity under this section. (Act 2019-450, §1.)

Ala. Code § 6-5-333 Dentists, Chiropractors, and Physicians Serving on Utilization and Quality Control Committees, Peer Review Committees, or Professional Standards Review Committees; Consultants Thereto and Employees Thereof; Dental, Chiropractic and Medical Societies and Associations; Appeal to Alabama Dental Association; Confidentiality.

6-5-333. Dentists, Chiropractors, and Physicians Serving on Utilization and Quality Control Committees, Peer Review Committees, or Professional Standards Review Committees; Consultants Thereto and Employees Thereof; Dental, Chiropractic and Medical Societies and Associations; Appeal to Alabama Dental Association; Confidentiality. (a) Any dentist, chiropractor, or physician licensed to practice medicine in Alabama who serves on a peer review or a utilization and quality control committee or professional standards review committee or a similar committee or a committee of similar purpose or any dentist, physician, chiropractor, or individual who serves as a consultant or employee to one of said committees established either by a dental society or dental association or by a chiropractic society or chiropractic association or by a state medical association or county medical society to review any aspect of dental care, chiropractic care, or medical care at the request of a government agency, a patient, dentist, provider of dental benefits, chiropractor, provider of chiropractic benefits, physician licensed to practice medicine in Alabama, or third party insurer shall not be liable to any person for damages as a result of any action taken or recommendation made by him within the scope of his function as a member of or employee or consultant to such review committee if such action was taken or recommendation made without malice and in a reasonable belief that such action or recommendation is warranted by the facts made known to him. No dental association or dental society, chiropractic association or chiropractic society, or state medical association or county medical society shall be liable for damages for any action taken or recommendation made by a review committee or any member of said committee or consultants or employees to said committee. (b) Within the words and meaning of this section, a “committee” shall mean members of a committee of dentists, chiropractors, or physicians licensed to practice medicine in Alabama formed or appointed to evaluate the diagnosis or the performance of services of other dentists or dental auxiliary personnel, chiropractors or chiropractic auxiliary personnel or physicians licensed to practice medicine in Alabama or physician auxiliary personnel when such evaluation is requested by a government agency, by the fiscal intermediary responsible for the administration of group health care programs, by the recipient of dental, chiropractic, or medical services, or by a dentist, chiropractor, or physician licensed to practice medicine in Alabama. (c) The provider or recipient of dental services evaluated by a review committee described in subsections (a) and (b) of this section shall have the right to appeal the decisions of said review committee to the Alabama Dental Association. No provider of dental care services or recipient of same or fiscal intermediary or government agency shall be bound by a ruling of a review committee established pursuant to this section on a controversy, dispute, or question unless he agrees in advance either specifically or generally to be bound by the ruling. (d) All information, interviews, reports, statements, or memoranda furnished to any committee as defined in this section, and any findings, conclusions, or recommendations resulting from the proceedings of such committee are declared to be privileged. The records and proceedings of any such committees shall be confidential and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee and shall not be public records nor be available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business by a hospital, dentist, dental auxiliary personnel, chiropractor, chiropractic auxiliary personnel, physician, physician auxiliary personnel, or other provider of health care and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during proceedings of such committee. (Acts 1975, No. 1238, p. 2604; Acts 1981, 2nd Ex. Sess., No. 81-1080, p. 330, §1; Acts 1982, No. 82-273, p. 341, §1.)

Ala. Code § 6-5-334 Employees of Medical Services Administration, Etc., Investigating and Bringing Charges Against Doctors, Etc., Relating to Fraud or Abuse of Medicaid Program, Etc.

6-5-334. Employees of Medical Services Administration, Etc., Investigating and Bringing Charges Against Doctors, Etc., Relating to Fraud or Abuse of Medicaid Program, Etc. Any employee of the medical services administration and any other state employee who has the authority to investigate and bring charges against doctors or providers of health care relating to medical payments and cases of alleged fraud or abuse of the Medicaid program shall be relieved and exempt from civil liability arising from said investigation or charges so long as such investigation and charges have been made in good faith without malice and on the basis of facts reasonably known or reasonably believed. (Acts 1976, No. 693, p. 960, §1.)

Ala. Code § 6-5-335 Volunteer Firemen or Rescue Squad Members Entering Burning Buildings, Etc., and Attempting to Preserve and Protect Said Buildings, Property Therein, Etc.

6-5-335. Volunteer Firemen or Rescue Squad Members Entering Burning Buildings, Etc., and Attempting to Preserve and Protect Said Buildings, Property Therein, Etc. When any member of any organized rescue squad or volunteer nonprofit fire department, gratuitously and in good faith, enters any building, house, or structure which is burning or endangered by fire and makes efforts to preserve and protect said property and any other property contained therein or located on the premises thereof, such members shall not be liable for any civil damages for such entering or as result of any acts or omissions in rendering such efforts; nor shall such members be liable for any civil damages in rendering such efforts for their acts or omissions causing injuries to fellow volunteers or to owners of said property; provided, however, that this section shall not apply to civil damages for wanton misconduct. (Acts 1976, No. 675, p. 925; Acts 1979, No. 79-625, p. 1107.)

Ala. Code § 6-5-336 Volunteers.

6-5-336. Volunteers. (a) This section shall be known as “The Volunteer Service Act.” (b) The Legislature finds and declares that: (1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers; (2) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations; (3) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services. (c) For the purposes of this section, the meaning of the terms specified shall be as follows: (1) GOVERNMENTAL ENTITY. Any county, municipality, township, school district, chartered unit, or subdivision, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officer, task force, or other agency of any state; (2) NONPROFIT CORPORATION. Any corporation which is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a); (3) NONPROFIT ORGANIZATION. Any organization which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), as amended; (4) VOLUNTEER. A person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. (d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if: (1) The volunteer was acting in good faith and within the scope of such volunteer’s official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and (2) The damage or injury was not caused by willful or wanton misconduct by such volunteer. (e) In any suit against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the responsibility of the organization therefor under the doctrine of “respondeat superior,” notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (d). (Acts 1991, No. 91-439, p. 781, §§1-4; Acts 1993, No. 93-614, p. 1006, §1.)

Ala. Code § 6-5-337 Immunity of Those Involved in Equine Activities.

6-5-337. Immunity of Those Involved in Equine Activities. (a) The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from equine activities. The Legislature finds, determines, and declares that for the immediate preservation of the public peace, health, and safety, and to encourage equine activities, this legislation is to limit the civil liability of those involved in equine activities. (b) As used in this section, the following words shall mean the following unless the context clearly indicates otherwise: (1) ENGAGES IN AN EQUINE ACTIVITY. Riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management in equine activities. The term does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity. (2) EQUINE. A horse, pony, mule, donkey, ass, or hinny. (3) EQUINE ACTIVITY. Any of the following: a. Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to: Dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting. b. Equine training or teaching activities, or both. c. Boarding equines. d. Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine. e. Rides, trips, hunts, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine-activity sponsor. f. Placing or replacing horseshoes on an equine. g. Examining or administering medical treatment to an equine by a veterinarian. (4) EQUINE ACTIVITY SPONSOR. An individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (5) EQUINE PROFESSIONAL. A person engaged for compensation in: a. Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine. b. Renting equipment or tack to a participant. c. Examining or administering medical treatment to an equine as a veterinarian. (6) INHERENT RISKS OF EQUINE ACTIVITIES. Those dangers or conditions which are an integral part of equine activities, including, but not limited to: a. The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them. b. The unpredictability of the reaction of an equine to sounds, sudden movement, and unfamiliar objects, persons, or other animals. c. Certain hazards such as surface and subsurface conditions. d. Collisions with other equines or objects. e. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (7) PARTICIPANT. Any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. (c)(1) Except as provided in subdivisions (c)(2) and (c)(3), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subdivisions (c)(2) and (c)(3), no participant or representative of a participant shall make any claim against, maintain an action against, or recover from an equine-activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. (2) Nothing in subdivision (c)(1) shall prevent or limit the liability of an equine-activity sponsor, an equine professional, or any other person if the equine-activity sponsor, equine professional, or person: a. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury. b. Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant’s representations of his or her ability. c. Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine-activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted. d. Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury. e. Intentionally injures the participant. (3) Nothing in subdivision (c)(1), shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws. (d)(1) Every equine professional and every equine-activity sponsor shall post and maintain signs which contain the warning notice specified in subdivision (d)(2). Signs shall be placed in a clearly visible location on or near stables, corrals, or areas where the equine professional or the equine-activity sponsor conducts equine activities. The warning notice specified in subdivision (d)(2) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine-activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s or the equine-activity sponsor’s business, shall contain in clearly readable print the warning notice specified in subdivision (d)(2). (2) The signs and contracts described in subdivision (d)(1) shall contain the following warning notice: WARNING Under Alabama law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to the Equine Activities Liability Protection Act. (3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine-activity sponsor or equine professional from invoking the privileges of immunity provided by this section. (Acts 1993, No. 93-601, p. 976, §§1-4; Act 2004-627, p. 1421, §1.)

Ala. Code § 6-5-337.1 Liability of Owners for Certain Actions of Bovines; Warning Notice.

6-5-337.1. Liability of Owners for Certain Actions of Bovines; Warning Notice. (a) For the purposes of this section, the following terms have the following meanings, unless the context requires otherwise: (1) BOVINE. Any buffalo, bison, cattle, or oxen. (2) BOVINE ACTIVITY. Any activity involving one or more bovine, including, but not limited to, any of the following: a. Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of a bovine. b. A bovine auction or production sale. c. A bovine show, fair, or competition. d. Bovine training or teaching activities. e. Boarding a bovine. f. Riding, inspecting, or evaluating a bovine. (3) BOVINE OWNER. Any person with ownership rights to a bovine. (4) INHERENT RISK OF A BOVINE ACTIVITY. A danger or condition that is an integral part of a bovine activity, including, but not limited to, any of the following: a. The propensity of a bovine to behave in ways that may result in injury, loss, damage, or death to a person on or around the bovine. b. The unpredictability of a bovine’s reaction to sounds, sudden movements, and unfamiliar objects, individuals, and other animals. c. Certain hazards on a property, such as surface and subsurface conditions. d. Collisions with other bovines or nonmotorized objects. (5) PERSON. An individual, corporation, or any other legal entity. (b)(1) A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from an inherent risk of a bovine activity. (2) Except as provided in subsection (c), no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of a person resulting from an inherent risk of a bovine activity. (c)(1) Subsection (b) shall not be construed to prevent or limit the liability of a bovine owner if the owner does any of the following: a. Fails to post and maintain a warning sign pursuant to subsection (d). b. Commits an act or omission that constitutes willful or wanton disregard for the safety of a person, and that act or omission causes the injury, loss, damage, or death of a person. c. Has actual knowledge of the dangerous propensity of a particular bovine that is not open and obvious, does not make the danger known to a person, and the danger proximately causes injury, sickness, damage, or death to the person. (2) Article 2 of Chapter 15 of Title 35 shall not apply to a bovine owner if injury, loss, damage, or death of a person results from an inherent risk of a bovine activity. (d)(1) This section shall not apply unless a bovine owner posts and maintains a sign that contains the warning notice specified in subdivision (2). The sign shall be placed in a clearly visible location on or near a stable, corral, fence, enclosure, or arena where the owner conducts bovine activities. The warning notice shall appear in black letters, with each letter being a minimum of one inch in height. (2) The sign described in subdivision (1) shall contain the following warning notice: “WARNING” “Under Alabama Law, a bovine owner is not liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.” EndFragment (Act 2024-286, §1.)

Ala. Code § 6-5-338.1 Immunity of Law Enforcement Officers -- Definitions.

6-5-338.1. Immunity of Law Enforcement Officers -- Definitions. For purposes of Sections 6-5-338.2, 6-5-338.3, and 6-5-338.4, the following terms have the following meanings unless the context dictates otherwise: (1) CLEARLY ESTABLISHED. A state statutory or constitutional right is clearly established, and a reasonable law enforcement officer would have known of it, in any of the following circumstances: a. The right is clear from a materially similar case decided before the occurrence of the relevant conduct by the United States Supreme Court, the Eleventh Circuit Court of Appeals, or the Alabama Supreme Court. b. The right is clear from a broad statement of principle that is established with so obvious clarity by one of the courts identified in paragraph a. that, before the occurrence of the relevant conduct, every objectively reasonable law enforcement officer facing the circumstances would have known that the relevant conduct violated the right. c. The right is so obvious from the text of a state constitutional provision or statute that, before the occurrence of the relevant conduct, no objectively reasonable law enforcement officer would have required case law to be put on notice that the relevant conduct violated the right. (2) CONDUCT PERFORMED WITHIN A LAW ENFORCEMENT OFFICER’S DISCRETIONARY AUTHORITY. Governmental conduct by a law enforcement officer performing a legitimate job-related function or pursuing a legitimate job-related goal through means that were within the law enforcement officer’s plausible power to utilize. In determining whether governmental conduct was performed within a law enforcement officer’s discretionary authority, a court must temporarily put aside that the conduct may have been committed for an improper or unconstitutional purpose, in an improper or unconstitutional manner, to an improper or unconstitutional extent, or under improper or constitutionally inappropriate circumstances. The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer’s governmental discretion in performing his or her official duties. (3) DETENTION FACILITY OFFICER. Any peace officer, guard, or detention or jail officer employed in a facility used for the confinement, pursuant to law, of any of the following persons: a. Someone charged with or convicted of an offense. b. Someone charged with being or adjudicated a youthful offender, a neglected minor, or juvenile delinquent. c. Someone held for extradition. d. Someone otherwise confined pursuant to an order of a court. (4) LAW ENFORCEMENT OFFICER. Any peace officer or tactical medic, except a constable, who is employed or appointed pursuant to the constitution or statutes of this state, whether appointed or employed as a peace officer or tactical medic by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the constitution or laws of this state and authorized by the constitution or laws to appoint or employ police officers or other peace officers or tactical medics, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, or who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state. The term includes a detention facility officer, a public safety dispatcher, and any individual designated a peace officer for purposes of immunity under Section 6-5-338 as that section existed on February 5, 2025. (5) LAW ENFORCEMENT RECORDING. A recording, as defined in Section 36-21-210, that shows a specific event described in the complaint, the image or voice of the plaintiff, or the image or voice of the decedent if the plaintiff has sued on behalf of the decedent as either the parent of the decedent in an action brought under Section 6-5-391 or as the personal representative of the decedent’s estate in an action brought under Section 6-5-391 or Section 6-5-410. (6) RECKLESSLY WITHOUT LAW ENFORCEMENT JUSTIFICATION. A law enforcement officer acts recklessly without law enforcement justification if he or she is aware of, and consciously disregards, a risk of death or substantial bodily injury without reasonable law enforcement justification. A law enforcement officer who creates a risk of death or substantial bodily injury in the absence of reasonable law enforcement justification but is unaware of that risk by reason of voluntary intoxication, as defined in Section 13A-3-2(e)(2), acts recklessly with respect thereto. Whether a law enforcement officer acts recklessly without law enforcement justification is a question of law to be decided by the court, taking into account the wide range of a law enforcement officer’s duties. A law enforcement officer acts without law enforcement justification when the law enforcement officer harms the plaintiff by failing, in an objectively unreasonable manner, to comply with written policies of the law enforcement officer’s employer or appointing authority or when the law enforcement officer harms the plaintiff through conduct premised on the law enforcement officer’s objectively unreasonable interpretation of such a policy. (7) TACTICAL MEDIC. A firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit to provide medical services at high risk incidents, including hostage incidents, narcotic raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded suspects, felony warrant service, and fugitives refusing to surrender. (8) WRITTEN POLICY. A written rule, regulation, instruction, or directive issued by a law enforcement officer’s employer or appointing authority, and applicable to conduct within a law enforcement officer’s discretionary authority, specifying the particular manner in which a law enforcement officer should exercise discretion in specific situations or scenarios. The written rule, regulation, instruction, or directive must have been issued before the occurrence of the relevant conduct, and must have been made available to the law enforcement officer. Whether the law enforcement officer actually read the written rule, regulation, instruction, or directive is not determinative. (Act 2025-423, §1.)

Ala. Code § 6-5-338.2 Immunity of Law Enforcement Officers -- Civil Liability.

6-5-338.2. Immunity of Law Enforcement Officers -- Civil Liability. (a) Except as provided in subsection (b), a law enforcement officer shall be immune from any claim that seeks to impose civil liability on the law enforcement officer for conduct performed within a law enforcement officer’s discretionary authority. (b) A law enforcement officer shall not be immune in either of the following circumstances: (1) The conduct constitutes a tort against the plaintiff that is actionable under the laws of this state and the law enforcement officer acted recklessly without law enforcement justification. (2) The conduct constitutes a tort against the plaintiff that is actionable under the laws of this state and the conduct violated a clearly established state statutory or constitutional right of the plaintiff of which every reasonable law enforcement officer would have known at the time of the law enforcement officer’s conduct. (c) Notwithstanding the exceptions to immunity provided in subsection (b), the immunity provided in Section 36-1-12(c) is available to a law enforcement officer subject to the exceptions set forth in Section 36-1-12(d) and subject to the provisions of this section, Section 6-5-338.3, and Section 6-5-338.4. A law enforcement officer, as defined in Section 6-5-338.1, shall be considered an officer, agent, or employee of the state for purposes of Section 36-1-12. (d) In any civil action against a law enforcement officer in his or her personal or individual capacity premised on conduct performed within the law enforcement officer’s discretionary authority, the complaint must identify with particularity, for each defendant and for each claim, each of the following: (1) The legal authority that assertedly creates the claim against the law enforcement officer. (2) Specific factual allegations to satisfy each element of each asserted claim. (3) Specific factual allegations demonstrating that the law enforcement officer lacks immunity pursuant to subsection (a). (e) In any civil action against a law enforcement officer in his or her personal or individual capacity premised on conduct performed within the law enforcement officer’s discretionary authority, the court shall promptly dismiss any claim for which either of the following is true: (1) The complaint lacks the legal and factual particularity required under subsection (d), as long as the law enforcement officer, or his or her employer or appointing authority, has complied with any valid discovery request made pursuant to paragraph (f)(2)c. or paragraph (f)(2)d. in compliance with the Alabama Rules of Civil Procedure which was validly served no later than 14 days after the law enforcement officer first appears or otherwise defends against the lawsuit. (2) The complaint’s factual allegations, taken as true, fail to overcome the immunity established by subsection (a). (f)(1) Except as provided in subdivision (2), the pendency of a motion to dismiss pursuant to subsection (e) shall automatically stay the obligation of any party or non-party to make disclosures or respond to discovery requests of any kind. (2) The automatic stay of discovery shall remain in effect during the pendency of a motion to dismiss filed pursuant to subsection (e) and any mandamus petition filed pursuant to Section 6-5-338.3 except to the extent that one or more of the following circumstances exists: a. The party seeking disclosure or discovery establishes that the motion to dismiss or mandamus petition is frivolous. b. The party seeking disclosure or discovery establishes that an exception to the stay is necessary to prevent a failure or delay of justice within the meaning of Alabama Rule of Civil Procedure 27(a)(3). c. The plaintiff seeks production of a written policy governing the law enforcement officer’s conduct at the time of a specific event described in the complaint. d. The plaintiff seeks production of a law enforcement recording created at the time of a specific event described in the complaint and the plaintiff is someone to whom a custodial law enforcement agency has made a determination to disclose the recording under Section 36-21-213(a). e. The parties agree to an exception to the stay of discovery. (3) Nothing in this section shall be construed to do any of the following: a. Alter or amend any privilege, discovery protection, or other ground for nondisclosure under Section 12-21-3.1, the Alabama Rules of Civil Procedure, or any other source of law. b. Alter or amend any provision of law regarding disclosure of any writing, record, recording, or other document or communication in the possession of a public entity. c. Preclude the entry of any protective order pursuant to the Alabama Rules of Civil Procedure. A law enforcement recording shall not be produced except pursuant to a protective order protecting the law enforcement recording from public disclosure. (4) Unless otherwise ordered by the court, during the pendency of the stay established by this section, the legal responsibilities of the parties concerning the preservation of evidence shall continue. (g) A law enforcement officer may seek entry of dismissal or judgment as a matter of law, including summary judgment, on grounds that he or she is immune pursuant to subsection (a) as allowed under the Alabama Rules of Civil Procedure. (h)(1) A law enforcement officer asserting immunity under subsection (a) bears the burden of establishing that the claim is premised on conduct performed within the law enforcement officer’s discretionary authority as that term is defined in Section 6-5-338.1. (2) Once the law enforcement officer satisfies his or her burden under subdivision (1), the burden shifts to the plaintiff to establish that the law enforcement officer committed a tort against the plaintiff that is actionable under the laws of this state and that the law enforcement officer is not immune pursuant to subsection (b). (Act 2025-423, §1.)

Ala. Code § 6-5-338.3 Immunity of Law Enforcement Officers -- Mandamus Relief.

6-5-338.3. Immunity of Law Enforcement Officers -- Mandamus Relief. (a) The improper denial of a motion to dismiss or motion for judgment as a matter of law, including a motion for summary judgment, based on the immunity provided under Section 6-5-338.2(a), or any action improperly allowing discovery in violation of Section 6-5-338.2(f), shall entitle a law enforcement officer to mandamus relief from the Alabama Supreme Court. Any petition for a writ of mandamus pursuant to this subsection shall be filed pursuant to the Alabama Rules of Appellate Procedure. (b) The filing of a petition for a writ of mandamus shall automatically stay further proceedings in the trial court unless, and to the extent that, the court validly finds upon motion of any party that further proceedings are necessary to prevent irreparable harm to the plaintiff. (Act 2025-423, §1.)

Ala. Code § 6-5-338.4 Immunity of Law Enforcement Officers -- Application and Scope; Certain Employers of Off-Duty Officers to Maintain Liability Coverage.

6-5-338.4. Immunity of Law Enforcement Officers -- Application and Scope; Certain Employers of Off-Duty Officers to Maintain Liability Coverage. (a) The protections afforded a law enforcement officer under Sections 6-5-338.2 and 6-5-338.3 apply to any cause of action that accrued on or after October 1, 2025. (b) The protections available to law enforcement officers under Sections 6-5-338.2 and 6-5-338.3 are in addition to, and supplemental to, any protections available to a law enforcement officer pursuant to Section 36-1-12; Section 36-22-3; Section 14-6-1; Article I, Section 14 of the Constitution of Alabama of 2022; or any other source of law. (c) Section 6-5-338.2 extends immunity only to a law enforcement officer for conduct performed within a law enforcement officer’s discretionary authority and to the law enforcement officer’s employer or appointing authority. No immunity is extended to any private non-governmental person or entity, including any private employer of a law enforcement officer during that officer’s off-duty hours. (d) Every private, non-governmental person or entity who hires a law enforcement officer during that law enforcement officer’s off-duty hours to perform any type of security work or to work while in the uniform of a law enforcement officer shall have in force at least five hundred thousand dollars ($500,000) of liability insurance, which insurance must indemnify for acts the off-duty law enforcement officer takes within the line and scope of the private employment or contract. The failure to have in force the insurance required by this subsection shall make every individual employer, every general partner of a partnership employer, and every member of an unincorporated association employer individually liable for all acts taken by the off-duty law enforcement officer within the line and scope of the private employment or contract. (Act 2025-423, §1.)

Ala. Code § 6-5-340 Computer Failure or Malfunction.

6-5-340. Computer Failure or Malfunction. (a) Whenever used in this section, the following words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY. Any public or private corporation, board, or authority established pursuant to a general or local law by state, county, or municipal government for the purpose of carrying out a specific governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county in the state; any department, agency, board, or commission of a municipality, a county, or the state; any legislative or regulatory body of the state, or of any municipality or county; any state, municipal, or county governmental corporation or authority; any state university or community college, including any publicly funded trade or technical school; the State Board of Education, and all county, municipal, and city-county public school boards; any state, county, or municipal hospital boards when such boards are instrumentalities of the state, municipality, or county or organized pursuant to authority from the state, a municipality, or a county; and any other boards, commissions, authorities, agencies, or associations authorized by statute to perform, administer, or oversee a governmental function. (3) INDEPENDENT CONTRACTOR. Any person, firm, or agency, and any employee of such person, firm, or agency who is not a permanent full-time or part-time employee of the governmental entity, and does not appear on any permanent or regular employee rosters such as payroll, worker’s compensation, Social Security, or other retirement or pension plan, but periodically provides services to a governmental entity or any official or employee thereof pursuant to a contractual arrangement and is paid by the governmental entity pursuant to the contractual arrangement or for services rendered or work and labor performed. (4) LEGISLATIVE BODY. The Senate of Alabama, the House of Representatives of Alabama, a county commission, city council, city commission, town council, or municipal council or commission, and any committee or subcommittee thereof. (5) PUBLIC EMPLOYEE. A person permanently employed full-time or part-time by a governmental entity or instrumentality thereof who is paid in whole or in part from state, county, or municipal funds. A public employee shall not include an independent contractor or any person providing services to a governmental entity or a public official or employee thereof pursuant to any type of written or oral contractual arrangement. (6) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at the state, county, or municipal level of government or their instrumentalities, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities and boards or commissions which fall under the definition of governmental entity. (7) REGULATORY BODY. A state agency which issues regulations in accordance with the Alabama Administrative Procedure Act or a state, county, or municipal department, agency, board, or commission which controls, according to rule or regulation, the activities, business licensure, or functions of any group, person, or persons. (b)(1) No civil action, including, without limitation, any action for declaratory or injunctive relief, may be brought against any public official, public employee, governmental entity, governmental corporation or authority, legislative body, regulatory body, or independent contractor for actions attempting to fix the Y2K problem of an entity mentioned in subsection (a), and none of the aforementioned persons or entities shall be liable in damages, compensatory or punitive, for any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design. Provided however, nothing contained in this section shall relieve any public official, public employee, or governmental entity from the performance of any statutory or administrative duties or obligations or from the payment of financial obligations. The immunity granted by this section shall be in addition to the sovereign immunity granted by Article I, Section 14, Constitution of Alabama of 1901, and the substantive immunity otherwise provided by Alabama law. (2) Nothing in this section shall be construed to prevent the governmental entity itself or public officials acting on the government’s behalf from bringing an action for any compensatory or punitive damages which is permissible under current law. (Act 99-371, §§1, 2.)

Ala. Code § 6-5-341 Liability for Operation or Use of Sport Shooting Range.

6-5-341. Liability for Operation or Use of Sport Shooting Range. (a) As used in this section, the following words shall have the following meanings: (1) GOVERNMENTAL BODY. The State of Alabama or any county or municipal governing body, agency, board, commission, committee, council, department, district, or any other public body corporate and politic created by constitution, statute, ordinance, rule, or order. (2) PROPERTY. Real property and buildings, structures, and improvements thereon. (3) SPORT SHOOTING RANGE. An area designed and used for rifle shooting, pistol shooting, trapshooting, skeetshooting, or other target shooting and related training or practice for the purpose of sharpshooting or improving in the use of firearms. (b)(1) This section applies to all private or public civil, injunctive, and nuisance actions. (2) Notwithstanding any other provision of law, any person, firm, or entity who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution resulting from the operation or use of the range if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurs first. (3) Any person, firm, or entity who operates or uses a sport shooting range is not subject to an action for nuisance and is not subject to injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise control or lead control laws or ordinances applying to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurs first. (4) Except as expressly provided herein, nothing in this section nor the common law doctrine of attractive nuisance shall create any duty of care or grounds for liability toward any person using the property of another for a sport shooting range. (c) No public street or alley shall be opened through a tract of property used or occupied as a sport shooting range, unless the necessity of the street or alley is first established by verdict of a jury upon a showing of extreme need and impossibility of redirecting or rerouting the street or alley to accommodate the sport shooting range. (d) Rules or regulations adopted by any governmental body limiting levels of noise in terms of decibel level which may occur in the atmosphere shall not apply to a sport shooting range exempted from liability under this section. (e) Rules or regulations adopted by any governmental body limiting levels of lead occurring in the atmosphere shall not apply to a sport shooting range exempted from liability under this section. (Act 2001-470, p. 626, §§1-5.)

Ala. Code § 6-5-342 Skateboarding, Roller Skating in Parks or Rinks.

6-5-342. Skateboarding, Roller Skating in Parks or Rinks. (a) The purpose of this section is to encourage owners of property to make land available for skateboarding or roller skating activities in areas specifically designed for that purpose. It is recognized that there are certain risks and dangers involved in skateboarding and roller skating activities, including skating itself, riding, assisting, and observing. Property owners have been reluctant or failed to make property available for skateboarding and roller skating activities because of the inherent risks in the activity, the exposure to liability, and the prohibitive cost of insurance, if insurance can be obtained for the activities. The recreational sports of skateboarding and roller skating are a wholesome and healthy family activity that should be encouraged. The allocation of risks and costs of skateboarding and roller skating activities is an important matter of public policy. (b) Any person who participates in or assists in roller skating or skateboarding in a park or rink designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in roller skating and skateboarding activities and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding or roller skating activities in a rink or park designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in this activity and is legally responsible for all damages, injury, or death to himself or herself which result from these activities. (c) Every operator of a skateboard or roller skating park or rink shall post and maintain a warning sign in a clearly visible location at the entrance of the park or rink and any other conspicuous location within the park or rink as specified in this section. The sign shall serve as a warning to the roller skaters, skateboarders, assistants, spectators, and any others involved in this activity that the operator of the park or rink has limited civil liability under Alabama law for skateboarding and roller skating activities occurring at the park or rink. Failure to comply with the requirements concerning warning signs provided in this section shall prevent an operator of a park or rink from invoking the privileges of immunity provided by this section. The warning notice shall appear on the sign in black letters with each letter to be a minimum of one inch in height and shall contain the following notice: “WARNING “Under Alabama law, a skateboard or roller skating park or rink operator is not liable for injury, damages, or death of a participant, assistant, or spectator in skateboarding or roller skating activities in the park or rink resulting from the inherent risks of skateboarding or roller skating activities. If skateboarding is permitted in this facility, any person skateboarding in this facility must wear appropriate protective equipment including a helmet, elbow pads, and knee pads.” (d) Any person participating in skateboarding or roller skating activities in a skateboard or roller skating park or rink, including participation as an assistant or spectator, is responsible for the following: (1) Acting within the limits of his or her ability and the purpose and design of the equipment used. (2) Maintaining control of his or her person and the equipment used. (3) Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself or other persons. (e) Any person operating a skateboard or roller skating park or rink is responsible for the following: (1) Posting and maintaining the required warning notice in one or more conspicuous places in the park or rink. (2) Complying with all state and local safety codes regarding the conditions of the park or rink, including, but not limited to, the physical facilities such as safe lighting, fire extinguishers placed at appropriate intervals, railings, and the number of participants, assistants, and spectators permitted in the facility. (3) Maintaining the stability and safety of skating surfaces. (f) Each participant in roller skating and skateboarding activities, including roller skaters, skateboarders, assistants, and spectators, is deemed to have read and understood the warning notice required pursuant to subsection (c). (Act 2003-399, p. 1147, §§1-6.)

Ala. Code § 6-5-343 Liability for Farmer Allowing Nonprofit Entity onto Property.

6-5-343. Liability for Farmer Allowing Nonprofit Entity onto Property. Notwithstanding any law to the contrary, any farmer, as an owner, lessee, occupant, or person otherwise in control of land, who allows without compensation another person who is employed by or who is an agent of a nonprofit entity to enter upon the land for the purpose of removing any crops remaining in the farmer’s fields following the harvesting of the crops, owes that person the same duty of care the farmer owes a trespasser. For purposes of this section a nonprofit entity is an entity that is exempt from federal income tax under 26 U.S.C. Section 501(c)(3). (Act 2004-367, p. 598, §1.)

Ala. Code § 6-5-344 Volunteer Athletic Coach, Manager, or Official.

6-5-344. Volunteer Athletic Coach, Manager, or Official. (a) Notwithstanding any provision of law to the contrary, no person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team which is organized or performing as a nonprofit or similar entity or which is a member team in a league affiliated with an organized county or municipal recreation department, shall be liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts or omissions arising out of and in the course of rendering that service or assistance. (b) This section shall apply to competitions, instruction, practice, and other activities related to the organized sport. (c) Nothing in this section shall grant immunity to any of the following: (1) Any person causing damage by his or her willful, wanton, or grossly negligent act or omission. (2) Any coach, manager, assistant, or official who has not participated in a safety and training skills program which shall include, but not be limited to, injury prevention, first aid procedures, and general coaching concepts. (3) Any person causing damage or injury as a result of his or her negligent operation of a motor vehicle. (4) Any person for any damage caused by that person permitting a competition or practice to be conducted without supervision. (Act 2006-605, p. 1668, §1.)

Ala. Code § 6-5-345 Duty of Care Owed by Possessor of Real Property to Certain Trespassers.

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 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 trespasser of dangers known by the possessor to exist on the property after the possessor becomes aware of the danger to the trespasser. Nothing in this section shall diminish, change, amend, or otherwise affect the open and obvious doctrine. (2) A possessor of real property, however, may cause injury or use force to prevent or terminate a trespass as permitted at common law or in Title 13A, Chapter 3, Article 2. (c) Notwithstanding the provisions of subsection (b), a possessor of real property may be subject to liability for physical injury or death to a child trespasser caused by an artificial condition upon the real property of the possessor, if all of the following apply: (1) The place where the condition existed is one upon which the possessor knew or had reason to know that a child would be likely to trespass. (2) The condition is one of which the possessor knew or had reason to know and which the possessor realized or should have realized would involve an unreasonable risk of death or serious bodily harm to a child. (3) The injured child, because of his or her youth, did not discover the condition or realize the risk involved in intermeddling with the condition or in coming within the area made dangerous by it. (4) The utility to the possessor of maintaining the condition and the burden of eliminating the danger was slight as compared with the risk to the child. (5) The possessor failed to exercise reasonable care to eliminate the danger or otherwise to protect the child. (d) Notwithstanding the provisions of subsection (c), the duty owed by the possessor of real property to a child trespasser with respect to a natural condition is the same as that owed in subsection (b). (e) The intent of the Legislature in enacting this section is to reject the adoption of the Third Restatement of Torts with respect to the duty of a possessor of real property to a trespasser. Nothing in this section shall diminish, change, amend, or otherwise affect the provisions of Sections 35-15-1 through 35-15-40. (Act 2012-300, p. 654, §1.)

Ala. Code § 6-5-346 Defense of Self, Others, and Property.

6-5-346. Defense of Self, Others, and Property. (a) As used in this section, property shall mean real property and buildings, structures, and improvements thereon. (b) Any person who unlawfully enters or attempts to enter upon the property of another for the purposes of engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any injury caused or resulting to him or her due to the commission or effort to commit criminal conduct; provided the property owner acts as a reasonably prudent person would act under same or similar circumstances. The owner and his or her agents shall be immune from any civil liability due to the reasonable and proportionate acts of the owner or his or her agents in resisting the commission of the criminal conduct; provided that the person acts as a prudent person would act under same or similar circumstances. (c) The provisions of this section do not apply to the creation of a hidden hazardous or hidden dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct. (Act 2012-502, p. 1481, §1.)

Ala. Code § 6-5-347 Agritourism.

6-5-347. Agritourism. (a) For the purposes of this section, the following terms shall have the following meanings: (1) AGRICULTURAL. As defined in Section 41-14-51. (2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary or other valuable compensation to participate in, view, or enjoy: a. An activity at an agricultural operation, which is not already addressed under Sections 6-5-337 or 35-15-40, including, but not limited to, farming, ranching, historic and cultural agricultural activities, self-pick farms, or farmers’ markets, provided the agritourism professional is selling his or her own product at a location provided to, leased to, rented to, or owned by the agritourism professional for the purpose of selling his or her own product. b. An activity involving an animal exhibition, show, or competition at an agricultural fair or youth livestock show, which is not already addressed under Section 6-5-337, including, but not limited to, FFA, 4-H, group, club, or other association shows or expositions. (3) AGRITOURISM PROFESSIONAL. A person who is engaged in the business of providing agritourism activities including employees or authorized agents who offer or conduct agritourism activities on behalf of an agritourism professional. (4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those conditions, dangers, or hazards that are an integral part of an agritourism activity, including any of the following: a. Surface and subsurface conditions and natural conditions of land, vegetation, and waters. b. The behavior of wild animals or insects. c. The behavior of domestic animals or insects as to: 1. The propensity of a domestic animal or insect to behave in ways that may result in sickness, injury, harm, or death to persons on or around them. 2. The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement, and unfamiliar objects, persons, or other animals. d. The ordinary dangers of structures or equipment ordinarily used on a working agricultural operation, excluding a dangerous condition on structures or equipment ordinarily used on a working agricultural operation that is actually known by an agritourism professional, not open and obvious, not made known to the participant, and the dangerous condition proximately causes injury, sickness, damage, or death to the participant. e. The negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional, failing to exercise reasonable caution while engaging in the agritourism activity, or failing to obey written or oral warnings or postings on the premises of the agritourism operation. (5) PARTICIPANT. Any person, other than an agritourism professional, who engages in an agritourism activity. (6) PERSON. An individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, group, club, or other legal or commercial entity. (b)(1) Except as provided in subsection (c), an agritourism professional has no duty of care to inspect for an inherent risk of agritourism activity and may not be liable for an injury, sickness, or damage to a participant or the death of a participant resulting from an inherent risk of an agritourism activity. An agritourism professional does not confer upon any participant the legal status of invitee or licensee. (2) Except as provided in subsection (c), a participant or a representative of a participant may not make a claim against, maintain an action against, or recover from an agritourism professional for injury, sickness, damage, or death of a participant resulting from an inherent risk of an agritourism activity. (c) Subsection (b) may not prevent or limit the liability of an agritourism professional who: (1) Has actual knowledge of a dangerous condition on the land, facilities, or equipment that is not open and obvious or actual knowledge of the dangerous propensity of a particular animal that is not open and obvious, does not make the danger known to the participant, and the danger proximately causes injury, sickness, damage, or death to the participant. (2) Fails to properly train or improperly or inadequately trains an employee who is actively involved in the agritourism activity and an act or omission of the employee proximately causes injury, sickness, damage, or death of the participant. (3) Intentionally or willfully injures the participant. (4) Fails to vaccinate, or quarantine sick domestic or domesticated animals in accordance with applicable animal health statutes and regulations. (d)(1) This section does not apply unless an agritourism professional posts and maintains a warning notice printed in black letters, with each letter being at least one inch in height. (2) The warning notice required under subdivision (1) shall be placed in a clearly visible location at the main point of entrance to or the place of payment of monetary or other valuable compensation for the agritourism activity. (3) The warning notice required under subdivision (1) shall read as follows: “WARNING. “Under Alabama law, an agritourism professional is not liable for injury, sickness, or damage to, or the death of, a participant in an agritourism activity at this location if the injury, sickness, damage, or death results from the inherent risks of the agritourism activity. “Inherent risks of an agritourism activity include risks of injury, sickness, damage, or death inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury, sickness, damage, or death, or for another participant to act in a manner that may cause your injury, sickness, damage, or death. “You are assuming the risk of participating in this agritourism activity.” (e) This section does not enlarge or diminish the open and obvious doctrine. (Act 2012-520, p. 1543, §§1-5.)

Ala. Code § 6-5-348 Immunity for Federal Firearm Licensees Who Enter into Firearm Hold Agreements Under Certain Conditions.

6-5-348. Immunity for Federal Firearm Licensees Who Enter into Firearm Hold Agreements Under Certain Conditions. (a) This section shall be known as and may be cited as the Houston/Hunter Act. (b) For the purposes of this act, the following terms have the following meanings: (1) FEDERAL FIREARMS LICENSEE. Any person who is licensed pursuant to 18 U.S.C. Chapter 44. (2) FIREARM. The same meaning as provided in 18 U.S.C. § 921. (3) FIREARM HOLD AGREEMENT. A private transaction between a federal firearm licensee and an individual firearm owner where the licensee agrees to: (i) take physical possession of the owner’s lawfully possessed firearm at the owner’s request; (ii) hold the firearm for an agreed period of time; and (iii) return the firearm to the owner. (c) No individual shall have a private cause of action against a federal firearm licensee operating lawfully in this state for returning a firearm to the firearm owner at the termination of a firearm hold agreement. (d) The immunity from civil liability provided in subsection (c) shall not apply to any action arising from a firearm hold agreement if that action is the result of unlawful conduct on the part of the federal firearm licensee. (e) This section shall not apply to firearm transfers made in violation of Title 13A or Chapter 27 of Title 41. (Act 2025-93, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026