Ala. Code § 2-NEW

Current through the 2024 Regular Session.
Section 2-NEW - [Newly enacted section not yet numbered] [Effective 1/1/2025] Limited liability for certain actions of bovines
(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, Code of Alabama 1975, 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, pursuant to this act.

Ala. Code § 2-NEW (1975)

Added by Act 2024-286,§ 1, eff. 1/1/2025.