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Article 1 - Actions by the State.
Section 6-5-1 - Right to Commence Actions - Generally. - (a) The state may commence an action in its own...
Section 6-5-2 - Right to Commence Actions - in Foreign Jurisdictions. - The Governor may, whenever the interests of the state may...
Section 6-5-3 - Right to Commence Actions - by Successor of Public Officer. - When any public officer shall die or in any way...
Section 6-5-4 - Recovery of Public Moneys, Funds or Property. - (a) The Governor may cause actions to be commenced for...
Article 2 - Actions Against Counties.
Section 6-5-20 - Presentment of Claim to County Commission. - (a) An action must not be commenced against a county...
Article 3 - Actions on Official Bonds.
Section 6-5-30 - Right of Aggrieved Person to Commence Action. - For any breach of an official bond or undertaking of...
Section 6-5-31 - Assignment of Breaches on Penal Bonds or Other Writings. - In actions upon penal bonds or other writings for the...
Article 4 - Actions for Statutory Penalties.
Section 6-5-50 - Who May Commence. - When a penalty is imposed by a statute which does...
Article 5 - Trusts, Combines, or Monopolies.
Section 6-5-60 - By Whom and Against Whom Action May Be Commenced; Venue. - (a) Any person, firm, or corporation injured or damaged by...
Article 6 - Illegal Liquor and Drug Sales; Penalties.
Section 6-5-70 - Furnishing Liquor to Minors. - Either parent of a minor, guardian, or a person standing...
Section 6-5-71 - Right of Action of Wife, Child, Parent, or Other Person for Injury in Consequence of Illegal Sale or Disposition of Liquor or Beverages. - (a) Every wife, child, parent, or other person who shall...
Section 6-5-72 - Liability of Person for Injury to Third Party in Consequence of Selling or Furnishing Controlled Substance to Minor. - (a) A person who unlawfully sells, furnishes, or gives a...
Article 7 - Actions Against Estate for Trespass, Waste, Etc.
Section 6-5-90 - Right of Action Against Executor or Administrator. - Any person or his personal representatives may commence an action...
Article 8 - Fraud, Misrepresentation, and Deceit.
Section 6-5-100 - Fraud - Right of Action Generally. - Fraud by one, accompanied with damage to the party defrauded,...
Section 6-5-101 - Fraud - Misrepresentations of Material Facts. - Misrepresentations of a material fact made willfully to deceive, or...
Section 6-5-102 - Suppression of Material Facts. - Suppression of a material fact which the party is under...
Section 6-5-103 - Deceit - Right of Action Generally. - Willful misrepresentation of a material fact made to induce another...
Section 6-5-104 - Deceit - Fraudulent Deceit. - (a) One who willfully deceives another with intent to induce...
Article 9 - Nuisances.
Division 1 - General Provisions.
Section 6-5-120 - Defined. - A "nuisance" is anything that works hurt, inconvenience, or damage...
Section 6-5-121 - Distinction Between Public and Private Nuisances; Right of Action Generally. - Nuisances are either public or private. A public nuisance is...
Section 6-5-122 - Public Nuisances - Abatement or Enjoining by Municipalities. - All municipalities in the State of Alabama may commence an...
Section 6-5-123 - Public Nuisances - Special Damage to Individual. - If a public nuisance causes a special damage to an...
Section 6-5-124 - Right of Action for Private Nuisance. - A private nuisance may injure either the person or property,...
Section 6-5-125 - Injunction Before Completion. - Where the consequences of a nuisance about to be erected...
Section 6-5-126 - Rights and Responsibilities of Alienees for Continuance. - The alienee of a person owning the property injured may...
Section 6-5-127 - Nuisance Exceptions; Right of Action for Pollution of Waters, etc.; Relation to Municipal Ordinances. - (a) No agricultural, manufacturing, or other industrial plant or establishment,...
Division 2 - Lewdness, Assignation, or Prostitution.
Section 6-5-140 - Definitions. - For the purposes of this division, the following terms shall...
Section 6-5-141 - Who Deemed Guilty of Maintaining Nuisance. - Any person who shall use, occupy, establish, or conduct a...
Section 6-5-142 - By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced. - Whenever a nuisance exists, the Attorney General of the state,...
Section 6-5-143 - Venue; Filing of Complaint; Application for Preliminary Injunction. - (a) Such action shall be commenced in the circuit court...
Section 6-5-144 - Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing. - No preliminary injunction or temporary restraining order shall be issued...
Section 6-5-145 - Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order. - (a) Where such application for a preliminary injunction has been...
Section 6-5-146 - Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction. - (a) A copy of the complaint, together with a notice...
Section 6-5-147 - Closing Place Pending Final Decision - Order. - (a) If on the hearing for a preliminary injunction it...
Section 6-5-149 - Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment. - (a) The action, when commenced, shall have precedence over all...
Section 6-5-148 - Closing Place Pending Final Decision - Release of Property on Bond. - The owner or owners of any real property or personal...
Section 6-5-150 - Grant and Effect of Permanent Injunction. - If upon the final hearing the allegations are sustained to...
Section 6-5-151 - Order of Abatement; Sale of Property. - (a) If the existence of the nuisance is admitted or...
Section 6-5-152 - Fees of Officers Selling Property, Etc. - For removing and selling the personal property and contents, the...
Section 6-5-153 - Effect of Establishment of Nuisance in Criminal Proceedings. - In case the existence of such nuisance is established in...
Section 6-5-154 - Violations Constituting Contempt; Proceedings Thereon. - (a) In case of the violation of any injunction or...
Division 3 - Drug-Related Nuisances
Section 6-5-155 - Legislative Findings and Declarations. - The Legislature finds and declares the following: (1) There is...
Section 6-5-155.1 - Definitions. - The following words and phrases when used in this division...
Section 6-5-155.2 - Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commencement of Action. - Wherever there is reason to believe that a drug-related nuisance...
Section 6-5-155.3 - Contents of Complaint; Supporting Affidavits. - (a) The complaint or an affidavit attached thereto shall describe...
Section 6-5-155.4 - Service of Summons and Complaint. - A copy of the summons and complaint shall be served...
Section 6-5-155.5 - Motion for Preliminary Injunction; Consolidation of Trial With Hearing on Motion; Other Equitable Relief. - (a) Upon a filing of a motion for a preliminary...
Section 6-5-155.6 - Issuance of Ex Parte Restraining Order; Service; Inventory of Property Relating to Nuisance; Violation of Order; Contempt of Court. - (a) The court, upon the application of the plaintiff, may...
Section 6-5-155.7 - Civil Penalty. - In any action brought under this division, the complainants may...
Section 6-5-155.8 - Protection of Witnesses. - If proof of the existence of the drug-related nuisance depends,...
Section 6-5-155.9 - Previous Conviction Not Required. - A previous conviction of the defendant, or anyone, shall not...
Section 6-5-156 - Security Bond. - No security bond shall be required to issue a preliminary...
Section 6-5-156.1 - Evidence of General Reputation of Property. - In an action brought under this division, evidence of the...
Section 6-5-156.2 - Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant. - (a) If a complaint is filed by a private citizen,...
Section 6-5-156.3 - Standard of Proof; Damages and Other Relief; Jurisdiction and Powers of Court; Appointment of Receiver; Eviction of Tenant. - (a) The plaintiff is required by a preponderance of the...
Section 6-5-156.4 - Violation of Court Order; Additional Orders Necessary to Abatement; Suspension or Cancellation of Order. - (a) A violation of any court order issued pursuant to...
Section 6-5-156.5 - Frivolous or Bad Faith Action. - If the action is brought by a private citizen and...
Division 4 - Obscene Nuisances.
Section 6-5-160 - Legislative Findings. - The Legislature of Alabama finds and declares: (1) That in...
Section 6-5-160.1 - Cause of Action for Public Nuisance. - It is hereby declared that the use of any premise...
Section 6-5-160.2 - Security Bond for Preliminary Injunction, Etc. - No security bond shall be required to issue a preliminary...
Section 6-5-160.3 - Standards of Proof; Remedies; Enforcement. - (a) A plaintiff is required by a preponderance of the...
Section 6-5-160.4 - Violation, Suspension, Cancellation of Abatement Order. - (a) A violation of any court order issued pursuant to...
Article 10 - False Imprisonment.
Section 6-5-170 - Definition. - False imprisonment consists in the unlawful detention of the person...
Article 11 - Defamation, Libel and Slander.
Section 6-5-180 - Import of Accusations of False Swearing or Commission of Crime. - Every accusation of false swearing presumptively imports a charge of...
Section 6-5-181 - Words Falsely Imputing Woman's Chastity Actionable. - Any words written, spoken, or printed of any woman falsely...
Section 6-5-182 - Libel or Slander - Burden of Proof. - In an action for libel or slander, the plaintiff must...
Section 6-5-183 - Libel or Slander - Mitigation of Damages - Evidence of Truth or Circumstances. - In all actions of slander or libel, the truth of...
Section 6-5-184 - Libel or Slander - Mitigation of Damages - Retraction. - The defendant in an action of slander or libel may...
Section 6-5-185 - Libel or Slander - Mitigation of Damages - When Only Actual Damages Recoverable. - In an action of slander or libel, if a retraction...
Section 6-5-186 - Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel. - Vindictive or punitive damages shall not be recovered in any...
Section 6-5-187 - Truth of Charges Against Public Persons May Be Proved. - In civil actions for the publication of papers investigating the...
Section 6-5-188 - Effect of Retraction and Tender of Money. - If the defendant, after or before an action is commenced,...
Section 6-5-189 - Effect of Tender of Money. - The receipt of money tendered before an action is commenced...
Article 12 - Adverse Possession.
Section 6-5-200 - When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section. - (a) Adverse possession cannot confer or defeat title to land...
Article 13 - Real Property Actions Generally.
Section 6-5-210 - Rights Above and Below Surface. - The owner of realty having title downwards and upwards indefinitely,...
Section 6-5-211 - Slander of Title. - The owner of any estate in lands may commence an...
Section 6-5-212 - Bare Right of Possession. - The bare right of possession to lands authorizes their recovery...
Section 6-5-213 - Bare Possession. - The bare possession of land authorizes the possessor to recover...
Section 6-5-214 - Action for Trespass by Person Having Bare Title. - The person having title to lands, if no one is...
Section 6-5-215 - When Possession Disputed. - Where two persons claim to have actual possession of the...
Section 6-5-216 - Unlawful Interference With Right-of-Way. - The unlawful interference with the right-of-way, or of common, is...
Section 6-5-217 - Damages for Continuous Trespass. - Damages for continuous trespass are limited to those which have...
Section 6-5-218 - Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property. - (a) No action in tort, contract, or otherwise shall be...
Article 13A - Actions Against Architects, Contractors, Engineers.
Section 6-5-220 - Definitions. - As used in this article, the following words and phrases...
Section 6-5-221 - Limitation on Time for Commencement of Action. - (a) All civil actions in tort, contract, or otherwise against...
Section 6-5-222 - Statute of Limitations - Computation of Period. - Section 6-5-221 shall be subject to all existing provisions of...
Section 6-5-223 - Applicability. - This article shall not apply to civil causes of action...
Section 6-5-224 - Causes of Action Barred Under Existing Law. - This article shall not be construed to create any cause...
Section 6-5-225 - Time for Commencement of Action Against Architects, Engineers, and Builders. - (a) It is the purpose and intent of the Legislature...
Section 6-5-226 - Causes of Action Not Abrogated. - Nothing contained in this article shall be construed to abrogate...
Section 6-5-227 - Causes of Action for Breach of Written Express Warranty, Contract, or Indemnity Against Architects, Engineers, and Builders. - Nothing contained in this article shall be construed to bar,...
Section 6-5-228 - Actions Relating to Sale or Disposition of Real Estate; Actions Against Persons Other Than Architects, Engineers, or Builders. - Nothing contained in this article shall be construed as affecting...
Article 14A - Redemption of Real Estate.
Section 6-5-247 - Definitions. - Unless the context otherwise requires, the words defined in this...
Section 6-5-248 - Who May Redeem; Priorities. - (a) Where real estate, or any interest therein, is sold,...
Section 6-5-248.1 - Application of Act 2015-79. - (a) The amendments to Sections 6-5-248, 6-5-252, and 8-1-172, by...
Section 6-5-249 - Rights Under This Article Extended to Executors and Administrators. - (a) The rights of redemption secured by this article may...
Section 6-5-250 - Characterization of Rights of Redemption Under This Article. - The statutory rights of redemption given or conferred by this...
Section 6-5-251 - Delivery of Possession to Purchaser on Demand. - (a) The possession of the land must be delivered to...
Section 6-5-252 - Demand for Statement of Debt and Lawful Charges by Person Entitled to Redeem. - Anyone desiring and entitled to redeem may make written demand...
Section 6-5-253 - Payment or Tender of Purchase Money and Other Lawful Charges, With Interest. - (a) Anyone entitled and desiring to redeem real estate under...
Section 6-5-254 - Payment of Value of Permanent Improvements; How Value of Improvements Ascertained. - (a) Any person offering to redeem must pay to the...
Section 6-5-255 - Failure or Refusal of Purchaser to Reconvey Title. - If the purchaser or his or her vendee or transferee...
Section 6-5-256 - Settlement and Adjustment of Rights and Equities by Circuit Court When Complaint Filed. - Upon the filing of any complaint as provided in these...
Section 6-5-257 - Applicability. - This article applies only to mortgages foreclosed after January 1,...
Article 15 - Personal Property Actions.
Section 6-5-260 - Deprivation of Owner of Possession. - The owner of personalty is entitled to possession thereof. Any...
Section 6-5-261 - Interference With Mere Possession. - Mere possession of a chattel, if without title or wrongfully,...
Section 6-5-262 - Trespass - Generally. - Any abuse of or damage done to the personal property...
Section 6-5-263 - Trespass - Bailments. - In case of bailments where the possession is in the...
Section 6-5-264 - Rights of Remainderman or Reversioner. - A remainderman or reversioner of personalty may commence an action...
Article 15A - Recovery for Theft of Merchandise.
Section 6-5-270 - Legislative Findings. - The Legislature finds that shoplifting and employee theft have reached...
Section 6-5-271 - Liability for Theft or Attempted Theft; Liability of Parents of Unemancipated Minor; Liability for Defrauding an Eating Establishment; Liability of Foster Home. - (a) An adult or emancipated minor who commits or attempts...
Section 6-5-272 - Conviction or Plea of Guilty Not Prerequisite to Suit; Letter of Demand for Remittance. - (a) A conviction or a plea of guilty to the...
Section 6-5-273 - Jurisdiction of Courts. - An action for recovery of damages and penalties under this...
Section 6-5-274 - Attorney's Fees. - No attorney's fees shall be charged or collected unless a...
Section 6-5-275 - Construction of Article. - This article shall not be construed to prohibit or limit...
Article 16 - Contracts, Promises and Notes.
Section 6-5-280 - Breach of Contract - Limitation on Actions. - If a contract is entire, only one action can be...
Section 6-5-281 - Breach of Contract - Successive Actions. - Successive actions may be maintained upon the same contract or...
Section 6-5-282 - Breach of Contract - Ratable Compensation for Services. - When a person contracts for the performance of services by...
Section 6-5-283 - Joint Obligations and Promises. - When two or more persons are jointly bound by judgment,...
Section 6-5-284 - Instrument Lost or Destroyed by Theft, etc.; Evidence of Loss, Destruction and Contents; Execution Bond. - (a) In an action commenced on a bond, note, bill...
Section 6-5-285 - Holder of Worthless Check, Draft, or Order. - The holder of a worthless check, draft, or order for...
Section 6-5-286 - Defenses to Actions on Promissory Notes, Bonds, or Other Contracts. - Except as may be otherwise provided by the Uniform Commercial...
Section 6-5-287 - Impeachment of or Inquiry Into Consideration of Sealed Instruments. - A defendant may, by affirmative defense, impeach or inquire into...
Article 17 - Principal and Agent; Master and Servant.
Section 6-5-300 - Proof Act Was Committed by Agent, etc., Sufficient to Sustain Allegation Act Was Committed by Party to Civil Action. - In any civil action, it shall be permissible to allege...
Article 18 - Exemptions From Liability.
Section 6-5-330 - Breach of Contract to Marry. - No contract to marry which shall be made within this...
Section 6-5-331 - :Alienation of Affections, Criminal Conversation, and Seduction. - There shall be no civil claims for alienation of affections,...
Section 6-5-332 - Persons Rendering Emergency Care etc., at Scene of Accident, Etc. - (a) When any doctor of medicine or dentistry, nurse, member...
Section 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...
Section 6-5-332.2 - Immunity of Persons Responding to Oil Spills. - (a) This section shall be known and may be cited...
Section 6-5-332.3 - Use of Automated External Defibrillator. - (a) As used in Section 6-5-332, the term "automated external...
Section 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...
Section 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...
Section 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...
Section 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... - (a) Any dentist, chiropractor, or physician licensed to practice medicine...
Section 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...
Section 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...
Section 6-5-336 - Volunteers. - (a) This section shall be known as "The Volunteer Service...
Section 6-5-337 - Immunity of Those Involved in Equine Activities. - (a) The Legislature recognizes that persons who participate in equine...
Section 6-5-338 - Immunity of Peace Officers and Tactical Medics From Tort Liability for Conduct in the Line of Duty; Certain Employers of Off-Duty Officers to Maintain Liability Coverage. - (a) Every peace officer and tactical medic, except constables, who...
Section 6-5-339 - Volunteer Medical Professionals. - Repealed by Act 2000-680, ยง 1, 2000 Regular Session, effective...
Section 6-5-340 - Computer Failure or Malfunction. - (a) Whenever used in this section, the following words and...
Section 6-5-341 - Liability for Operation or Use of Sport Shooting Range. - (a) As used in this section, the following words shall...
Section 6-5-342 - Skateboarding, Roller Skating in Parks or Rinks. - (a) The purpose of this section is to encourage owners...
Section 6-5-343 - Liability for Farmer Allowing Nonprofit Entity Onto Property. - Notwithstanding any law to the contrary, any farmer, as an...
Section 6-5-344 - Volunteer Athletic Coach, Manager, or Official. - (a) Notwithstanding any provision of law to the contrary, no...
Section 6-5-345 - Duty of Care Owed by Possessor of Real Property to Certain Trespassers. - (a) For the purpose of this section, the following words...
Section 6-5-346 - Defense of Self, Others, and Property. - (a) As used in this section, property shall mean real...
Section 6-5-347 - Agritourism. - (a) For the purposes of this section, the following terms...
Article 19 - Seduction.
Section 6-5-350 - Action by Unmarried Woman Under 19 Years of Age. - An unmarried woman under the age of 19 years may...
Section 6-5-351 - Action by Father or Mother for Seduction of Daughter. - The father or, in case of his death or desertion...
Article 20 - Felonious Injury.
Section 6-5-370 - Civil Action Without Criminal Prosecution. - For any injury, either to person or property, amounting to...
Article 21 - Malicious Act of Minor.
Section 6-5-380 - Liability of Parents for Destruction of Property by Minor; Exception. - (a) The parent or parents, guardian, or other person having...
Article 22 - Injury and Death of Minor.
Section 6-5-390 - Injury to Minor Child. - A father or a mother, provided they are lawfully living...
Section 6-5-391 - Wrongful Death of Minor. - (a) When the death of a minor child is caused...
Article 23 - Death.
Section 6-5-410 - Wrongful Act, Omission, or Negligence Causing Death. - (a) A personal representative may commence an action and recover...
Section 6-5-411 - Injuries to Decedent's Property Resulting From Wrongful Act, etc., Causing Death. - (a) The personal representative of a deceased person may commence...
Article 24 - Foreign Causes of Action.
Section 6-5-430 - Enforcement of Action Upon Contract or Tort Arising in Another State When Jurisdiction of Defendant Can Be Obtained in This State; Doctrine of Forum Non Conveniens Applied. - Whenever, either by common law or the statutes of another...
Article 25 - Election Between Actions.
Section 6-5-440 - Simultaneous Actions for Same Cause Against Same Party Prohibited. - No plaintiff is entitled to prosecute two actions in the...
Article 26 - Abatement, Survival and Revival of Actions.
Section 6-5-460 - Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage. - A claim upon which an action has been filed by...
Section 6-5-461 - Abatement - Actions by Informers. - In claims upon which an action has been filed by...
Section 6-5-462 - Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature. - In all proceedings not of an equitable nature, all claims...
Section 6-5-463 - Survival - Real Property Claims to Which Actions Filed. - Real property claims with respect to which actions have been...
Section 6-5-464 - Survival - Claims Equitable in Nature. - (a) All claims equitable in nature upon which an action...
Section 6-5-465 - Survival - Substitution of Personal Representative Where No Action Filed. - If a claim upon which no action has been filed...
Section 6-5-466 - Revival in Case of Death of One or More Defendants Jointly Sued. - (a) The death of one or more defendants jointly sued...
Article 27 - Medical Liability Actions.
Section 6-5-480 - Short Title. - This article may be cited and known as the "Alabama...
Section 6-5-481 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-482 - Limitation on Time for Commencement of Action. - (a) All actions against physicians, surgeons, dentists, medical institutions, or...
Section 6-5-483 - Elimination of Ad Damnum Clause in Complaints. - The ad damnum clause in complaints alleging medical liability shall...
Section 6-5-484 - Degree of Care Owed to Patient. - (a) In performing professional services for a patient, a physician's,...
Section 6-5-485 - Settlement of Disputes by Arbitration. - (a) After a physician, dentist, medical institution, or other health...
Section 6-5-486 - Optional Method of Payment of Judgments in Excess of $100,000. - Where a plaintiff recovers a judgment from a physician, dentist,...
Section 6-5-487 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable. - (a) In all actions for medical liability, any advance payment...
Section 6-5-488 - Rules of Evidence and Procedures in Civil Actions Preserved. - All rules of evidence and procedures heretofore in effect in...
Article 28 - Product Liability Actions.
Division 1 - Limitation Periods.
Section 6-5-500 - Intent of Legislature; Legislative Findings. - It is the intent of the Legislature that a comprehensive...
Section 6-5-501 - Definitions. - The following definitions are applicable in this division: (1) ORIGINAL...
Section 6-5-502 - Limitation Periods for Product Liability Actions. - (a) All product liability actions against an original seller must...
Section 6-5-503 - Applicability of Division; Not Retroactive. - This division and each section thereof shall apply only to...
Section 6-5-504 - Sections, Clauses, etc., of Division Inseparable and Nonseverable. - It is expressly provided that each section, clause, provision, or...
Division 2 - Mitigation of Recoverable Damages.
Section 6-5-520 - Intent of Legislature; Legislative Findings; Collateral Source Rule Modified. - The Legislature finds that product liability litigation has increased substantially...
Section 6-5-521 - "Product Liability Action" Defined. - (a) A "product liability action" means any action brought by...
Section 6-5-522 - Evidence of Medical Expense Reimbursement Mitigates Damages; Cost of Obtaining Reimbursement Recoverable. - In all product liability actions where damages for any medical...
Section 6-5-523 - Reimbursement for Medical Expenses Discoverable. - In all product liability actions information respecting reimbursement or payment...
Section 6-5-524 - Evidence of Reimbursement Inadmissible if Recipient Must Repay. - Upon proof by the plaintiff to the court that the...
Section 6-5-525 - Prior Rights Not Affected. - This division shall not affect any rights which have accrued...
Article 28A - Manufacturer Liability.
Section 6-5-530 - Liability for Damages. - (a) In any civil action for personal injury, death, or...
Article 29 - Medical Liability Act of 1987.
Section 6-5-540 - Legislative Intent. - It is hereby declared by the Legislature of the State...
Section 6-5-541 - Short Title; Construction. - This article may be cited and known as "The Alabama...
Section 6-5-542 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-543 - Damages Against Health Care Provider to Be Itemized; Future Damages Over $150,000 to Be Paid by Periodic Payments Over Period of Years; Judgment to Specify Payment Terms; Requirement to Post Security or Provide Evidence of Insurance... - (a) In any action for injury or damages whether in...
Section 6-5-544 - Recovery of Noneconomic Losses; Limitation of Such Losses; Mistrial if Jury Advised of Limitation. - (a) In any action for injury whether in contract or...
Section 6-5-545 - Evidence Admissible That Medical Expenses Will Be Reimbursed; Information Subject to Discovery. - (a) In all actions where damages for any medical or...
Section 6-5-546 - Venue of Actions; Transfer. - In any action for injury or damages or wrongful death...
Section 6-5-547 - One Million Dollar Limit on Judgments; Mistrial if Jury Advised of Limitation. - In any action commenced pursuant to Section 6-5-391 or Section...
Section 6-5-548 - Burden of Proof; Reasonable Care as Similarly Situated Health Care Provider; No Evidence Admitted of Medical Liability Insurance. - (a) In any action for injury or damages or wrongful...
Section 6-5-549 - Standard of Proof Shall Be Proof by Substantial Evidence; Scintilla Rule of Evidence Abolished; Instruction to Jury. - In any action for injury or damages or wrongful death,...
Section 6-5-549.1 - Limits of Liability Insurance Coverage in Legal Action Against Health Care Providers; Testimony of Health Care Providers as Specialists. - (a) This section and Sections 6-5-548 and 6-5-549 shall be...
Section 6-5-550 - Cause of Action for Malicious Prosecution of Civil Action Against Health Care Provider. - There is hereby created a cause of action for damages...
Section 6-5-551 - Complaint to Detail Circumstances Rendering Provider Liable; Discovery. - In any action for injury, damages, or wrongful death, whether...
Section 6-5-552 - Application. - This article applies to all actions against health care providers...
Article 30 - Legal Service Liability Actions.
Section 6-5-570 - Statement of Legislative Intent. - It is hereby declared by the Legislature of the State...
Section 6-5-571 - Short Title. - This article may be cited and known as "The Alabama...
Section 6-5-572 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-573 - Creation of One Form of Action Against Legal Service Providers. - There shall be only one form and cause of action...
Section 6-5-574 - Limitation on Time for Commencement of Legal Service Liability Action. - (a) All legal service liability actions against a legal service...
Section 6-5-575 - Settlement of Disputes by Voluntary Arbitration. - (a) After a legal service provider has rendered services, or...
Section 6-5-576 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable. - (a) In all legal service liability actions, any advance payment...
Section 6-5-577 - Rules of Evidence and Procedures in Civil Actions Preserved. - All rules of evidence and procedures heretofore in effect in...
Section 6-5-578 - Effect of Compliance or Violation of the Rules of Professional Conduct. - (a) Evidence of action taken by a legal service provider...
Section 6-5-579 - Severability of Underlying Action and Available Defenses. - (a) If the liability to damages of a legal services...
Section 6-5-580 - Standards of Care. - In any action for injury or damages or wrongful death,...
Section 6-5-581 - Applicability and Effect on Inconsistent Provisions of Law. - This article applies to all actions against legal service providers...
Article 31 - Utility Services Actions.
Section 6-5-600 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-601 - Right of Action for Diversion or Unauthorized Use of Utility Services. - Any person who knowingly: (1) Connects any tube, pipe, wire,...
Section 6-5-602 - Damages. - The damages shall be three times the estimated loss of...
Section 6-5-603 - Effect of Criminal Conviction. - Conviction under Section 13A-8-10, as amended or under any other...
Section 6-5-604 - Determination of Estimated Lost Revenue. - In determining estimated lost revenue for the purposes of this...
Section 6-5-605 - Application of Terms "Utilities" and "Public Utility". - For purposes of this article and for purposes of Sections...
Article 32 - Action for Disparagement of Food Product or Commodity.
Section 6-5-620 - Statement of Legislative Intent. - The Legislature hereby finds, determines, and declares that the production...
Section 6-5-621 - Definitions. - As used in this article, the following terms have the...
Section 6-5-622 - Damages. - Any person who produces, markets, or sells a perishable food...
Section 6-5-623 - Defenses. - It is no defense under this article that the actor...
Section 6-5-624 - Limitation on Time for Commencement of Action. - Any civil action for damages for disparagement of perishable agricultural...
Section 6-5-625 - Construction With Other Criminal Laws. - This article shall be construed in pari materia with all...
Article 33 - Class Actions.
Section 6-5-640 - Scope and Effect on Other Laws or Rules. - This article shall apply to and govern all civil class...
Section 6-5-641 - Certification of Classes. - (a) No class of civil litigants shall be certified or...
Section 6-5-642 - Appeal of Certification Order. - A court's order certifying a class or refusing to certify...
Article 34 - Volunteer Medical Professional Act.
Section 6-5-660 - Short Title - This article shall be called the "Volunteer Medical Professional Act."
Section 6-5-661 - Legislative Findings. - The Legislature finds that the willingness of medical professionals to...
Section 6-5-662 - Definitions. - For purposes of this article, the following words shall have...
Section 6-5-663 - Liability of Volunteer Medical Professionals. - (a) A medical professional who, in good faith, provides, without...
Article 35 - Asbestos-Related Claims.
Section 6-5-680 - Definitions. - For the purposes of this article, the following words shall...
Section 6-5-681 - Applicability of Limitations. - (a) The limitations in Section 6-5-682 apply to a corporation...
Section 6-5-682 - Limitations of Liability. - (a) Except as further limited in subsection (b), the cumulative...
Section 6-5-683 - Fair Market Value of Total Gross Assets. - (a) A corporation may establish the fair market value of...
Section 6-5-684 - Adjustment of Fair Market Value of Total Gross Assets. - (a) Except as provided in subsections (b), (c), and (d),...
Section 6-5-685 - Application of Article. - This article shall apply to any civil action asserting an...
Article 35A - Asbestos Exposure Transparency Act.
Section 6-5-690 - Short Title. - This article shall be known and may be cited as...
Section 6-5-691 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-692 - Required Disclosures by Plaintiff. - (a) Subject to Section 6-5-693, within 90 days after a...
Section 6-5-693 - Bankruptcy Trust Information. - (a) A plaintiff in an asbestos action need not comply...
Section 6-5-694 - Discovery. - (a) In an asbestos action, there shall be a rebuttable...
Article 36 - Civil Liability of contractors..
Section 6-5-700 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-701 - Reliance Upon Specifications. - A contractor is justified ordinarily in relying upon the specifications...
Section 6-5-702 - Compliance With Contract Documents. - During the course of construction, a contractor who constructs, maintains,...
Section 6-5-703 - Notification of Potentially Dangerous Conditions. - If, prior to or during the course of construction, a...
Section 6-5-704 - Claims by Noncontractual Third Parties. - The contractor shall bear no civil liability for any alleged...
Section 6-5-705 - Dangerous Conditions Outside Scope of Project. - The contractor shall bear no civil liability for any dangerous...
Section 6-5-706 - Improper Maintenance Following Conclusion of Project. - A contractor shall bear no civil liability to a claimant...
Section 6-5-707 - Damage to Property of Utility. - Nothing in this article shall limit or eliminate the liability...
Section 6-5-708 - Accrual of Action. - This article shall only apply to a cause of action...
Section 6-5-709 - Construction of Article. - Nothing in this article shall be interpreted or construed to...
Article 36A - Liability for Construction Monitoring Services.
Section 6-5-710 - Definitions. - For purposes of this article the following terms shall have...
Section 6-5-711 - Exemption From Civil Liability for Certain Professional Firms and Employees Providing Construction Monitoring Services. - The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm...
Section 6-5-712 - Construction and Application of Article. - (a) This article is not applicable to the extent that...
Article 37 - Commonsense Consumption Act.
Section 6-5-730 - Short Title. - This article may be cited as the "Commonsense Consumption Act."
Section 6-5-731 - Definitions. - For purposes of this article, the following words have the...
Section 6-5-732 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Exemptions From Civil Actions. - Except as exempted in Section 6-5-733, a packer, distributor, manufacturer,...
Section 6-5-733 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Permitted Civil Actions. - Section 6-5-732 shall not preclude a civil action in which...
Section 6-5-734 - Pleading Requirements; Stay of Discovery. - (a) In any action exempted under subdivision (1) of Section...
Section 6-5-735 - Construction of Article. - (a) Nothing in this article shall be construed to create...
Section 6-5-736 - Application of Article. - The provisions of this article shall apply to all covered...
Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.
Section 6-5-750 - Short Title. - This article shall be known and may be cited as...
Section 6-5-751 - Legislative Findings and Objectives. - (a) The Legislature finds that the recruitment, establishment, development, and...
Section 6-5-752 - Definitions. - For purposes of this article, the following definitions shall apply:...
Section 6-5-753 - Commencement of Action. - (a) All actions against a manufacturer in tort, contract, or...
Section 6-5-754 - Choice of Forum. - (a) If a claim under the common or statutory law...
Section 6-5-755 - Recovery; Contribution. - (a) In an action against a manufacturer and one or...
Section 6-5-756 - Application of Article. - This article shall apply to any action filed after April...
Article 39 - Alabama Right of Publicity Act.
Section 6-5-770 - Short Title. - This article shall be known and may be cited as...
Section 6-5-771 - Definitions. - For the purposes of this article, the following terms shall...
Section 6-5-772 - Liability for Use of Indicia of Identity Without Consent. - (a) Except as otherwise provided in this article, any person...
Section 6-5-773 - Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action. - (a) Nothing in this article will allow for an abridgement...
Section 6-5-774 - Remedies. - A plaintiff, who establishes by a preponderance of the evidence...
Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.
Section 6-5-790 - Legislative Findings. - The Legislature finds and declares the following: (1) Providing reasonable...
Section 6-5-791 - Definitions. - (a) For purposes of this article, the following terms shall...
Section 6-5-792 - Liability of Covered Entity for Damages, Injury, or Death - (a) Notwithstanding any other provision of law, a covered entity...
Section 6-5-793 - Liability of Covered Entity for Negligence, Premises Liability, etc., Under Certain Claims or Causes of Action. - (a) This section applies to both of the following causes...
Section 6-5-794 - Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims. - (a) Absent wanton, reckless, willful, or intentional misconduct, a health...
Section 6-5-795 - Application of Article. - Nothing in this article shall be construed to preempt, remove,...
Section 6-5-796 - Construction With Other Provisions. - This article shall be construed in pari materia with the...
Section 6-5-797 - Filing of Claims. - A health emergency claim under Section 6-5-792 or a claim...
Section 6-5-798 - Relation to Workers' Compensation Act. - This article does not affect the right of any person...
Section 6-5-799 - Termination of Immunity and Other Provisions of Article. - The immunity and other provisions provided in this article shall...