Alabama Codes

Title 6 - Civil Practice

Chapter 1 - Actions

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 name and is entitled to all remedies provided for the enforcement of rights between ...
Section 6-5-2 Right to commence actions - In foreign jurisdictions
The Governor may, whenever the interests of the state may require, order and direct actions to be commenced in the name of the state ...
Section 6-5-3 Right to commence actions - By successor of public officer
When any public officer shall die or in any way go out of office, all actions which shall or would have accrued to him ...
Section 6-5-4 Recovery of public moneys, funds or property
(a) The Governor may cause actions to be commenced for the recovery of any public moneys, funds or property of the state or of ...

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 until the claim has been presented to the county commission, disallowed or reduced by ...

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 any officer of this state, executor, administrator, or guardian or of any bond or ...
Section 6-5-31 Assignment of breaches on penal bonds or other writings
In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches ...

Article 4 Actions for Statutory Penalties.

Section 6-5-50 Who may commence
When a penalty is imposed by a statute which does not provide a mode for the recovery, any citizen may commence an action for ...

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 an unlawful trust, combine or monopoly, or its effect, direct or indirect, may, in ...

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 in loco parentis to the minor having neither father nor mother shall have a ...
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 be injured in person, property, or means of support by any intoxicated person or ...
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 controlled substance as defined in Section 20-2-2 to a minor may be liable for ...

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 against the executor or administrator of any testator or intestate who in his lifetime ...

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, in all cases gives a right of action. ...
Section 6-5-101 Fraud - Misrepresentations of material facts
Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by ...
Section 6-5-102 Suppression of material facts
Suppression of a material fact which the party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the ...
Section 6-5-103 Deceit - Right of action generally
Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a ...
Section 6-5-104 Deceit - Fraudulent deceit
(a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any ...

Article 9 Nuisances.

Division 1 General Provisions.

Section 6-5-120 Defined
A "nuisance" is anything that works hurt, inconvenience or damage to another. The fact that the act done may otherwise be lawful does not ...
Section 6-5-121 Distinction between public and private nuisances; right of action generally
Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though ...
Section 6-5-122 Public nuisances - Abatement or enjoining by municipalities
All municipalities in the State of Alabama may commence an action in the name of the city to abate or enjoin any public nuisance ...
Section 6-5-123 Public nuisances - Special damage to individual
If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right ...
Section 6-5-124 Right of action for private nuisance
A private nuisance may injure either the person or property, or both, and in either case a right of action accrues. ...
Section 6-5-125 Injunction before completion
Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible ...
Section 6-5-126 Rights and responsibilities of alienees for continuance
The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the ...
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, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in ...

Division 2 Lewdness, Assignation, or Prostitution.

Section 6-5-140 Definitions
For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) PLACE. Any building, ...
Section 6-5-141 Who deemed guilty of maintaining nuisance
Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, ...
Section 6-5-142 By whom action to abate and perpetually enjoin nuisance commenced
Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence ...
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction
(a) Such action shall be commenced in the circuit court of the county in which the property is located. (b) At or before the ...
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 before hearing in any action commenced by a citizen or citizens under the provisions ...
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 made, the court or judge thereof may, on the application of the plaintiff, issue ...
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 of the time and place of the hearing of the application for a preliminary ...
Section 6-5-147 Closing place pending final decision - Order
(a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control or in charge of the nuisance ...
Section 6-5-148 Closing place pending final decision - Release of property on bond
The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any ...
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 other cases except injunctions. (b) In such action, evidence of the general reputation of ...
Section 6-5-150 Grant and effect of permanent injunction
If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a ...
Section 6-5-151 Order of abatement; sale of property
(a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding ...
Section 6-5-152 Fees of officers selling property, etc
For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would ...
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings
In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall ...
Section 6-5-154 Violations constituting contempt; proceedings thereon
(a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order ...

Division 3 Drug-Related Nuisances

Section 6-5-155 Legislative findings and declarations
The Legislature finds and declares the following: (1) There is a drug crisis in the State of Alabama which is plaguing our neighborhoods and ...
Section 6-5-155.1 Definitions
The following words and phrases when used in this division shall have the meanings given to them in this section unless the context clearly ...
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 exists, the Attorney General, district attorney, the attorney for the county or municipality, a ...
Section 6-5-155.3 Contents of complaint; supporting affidavits
(a) The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug-related nuisance upon the surrounding neighborhood. Adverse impact ...
Section 6-5-155.4 Service of summons and complaint
A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in ...
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 injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing ...
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 issue an ex parte restraining order, restraining the defendant and all other persons from ...
Section 6-5-155.7 Civil penalty
In any action brought under this division, the complainants may request, and the court at its discretion may order a civil penalty of up ...
Section 6-5-155.8 Protection of witnesses
If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law ...
Section 6-5-155.9 Previous conviction not required
A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance. ...
Section 6-5-156 Security bond
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an ...
Section 6-5-156.1 Evidence of general reputation of property
In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose ...
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, it may not be dismissed except upon a sworn statement by the complainant and ...
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 evidence to establish that a drug-related nuisance exists. The plaintiff is required by clear ...
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 this division is punishable as a contempt of court by a fine of not ...
Section 6-5-156.5 Frivolous or bad faith action
If the action is brought by a private citizen and the court finds that the action was frivolous or motivated by bad faith, costs ...

Division 4 Obscene Nuisances.

Section 6-5-160 Legislative findings
The Legislature of Alabama finds and declares: (1) That in order to protect children from exposure to obscenity, prevent assaults on the sensibilities of ...
Section 6-5-160.1 Cause of action for public nuisance
It is hereby declared that the use of any premise to distribute obscene material to minors in violation of Division 5 (commencing with Section ...
Section 6-5-160.2 Security bond for preliminary injunction, etc
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an ...
Section 6-5-160.3 Standards of proof; remedies; enforcement
(a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and ...
Section 6-5-160.4 Violation, suspension, cancellation of abatement order
(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not ...

Article 10 False Imprisonment.

Section 6-5-170 Definition
False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal ...

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 perjury, and every accusation importing the commission of a crime punishable by indictment must ...
Section 6-5-181 Words falsely imputing woman's chastity actionable
Any words written, spoken, or printed of any woman falsely imputing to her a want of chastity are actionable without proof of special damages. ...
Section 6-5-182 Libel or slander - Burden of proof
In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the ...
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 the words spoken or written or the circumstances under which they were spoken or ...
Section 6-5-184 Libel or slander - Mitigation of damages - Retraction
The defendant in an action of slander or libel may prove under a general denial in mitigation of damages that the charge was made ...
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 as provided in Section 6-5-184 shall be published in such medium within 10 days ...
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 action for libel on account of any publication unless (1) it shall be proved ...
Section 6-5-187 Truth of charges against public persons may be proved
In civil actions for the publication of papers investigating the official conduct of officers or persons in public capacity or when the matter published ...
Section 6-5-188 Effect of retraction and tender of money
If the defendant, after or before an action is commenced, makes the retraction recited in Sections 6-5-184 through 6-5-186 and also tenders to the ...
Section 6-5-189 Effect of tender of money
The receipt of money tendered before an action is commenced is a bar to the action and, if after an action is commenced, such ...

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 unless: (1) The party setting it up shall show that a deed or other ...

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, any unlawful interference with his rights, below or above the surface alike, gives him ...
Section 6-5-211 Slander of title
The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title. ...
Section 6-5-212 Bare right of possession
The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the ...
Section 6-5-213 Bare possession
The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession. ...
Section 6-5-214 Action for trespass by person having bare title
The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for ...
Section 6-5-215 When possession disputed
Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the ...
Section 6-5-216 Unlawful interference with right-of-way
The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto. ...
Section 6-5-217 Damages for continuous trespass
Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of ...
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 commenced against any person performing or furnishing the design, planning, supervision, or observation of ...

Article 13A Actions Against Architects, Contractors, Engineers.

Section 6-5-220 Definitions
As used in this article, the following words and phrases used herein shall have the following meaning ascribed to them: (a) BUILDER. Any individual, ...
Section 6-5-221 Limitation on time for commencement of action
(a) All civil actions in tort, contract, or otherwise against any architect or engineer performing or furnishing the design, planning, specifications, testing, supervision, administration, ...
Section 6-5-222 Statute of limitations - Computation of period
Section 6-5-221 shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of ...
Section 6-5-223 Applicability
This article shall not apply to civil causes of action in tort, contract, or otherwise, which accrued or arose prior to February 25, 1994. ...
Section 6-5-224 Causes of action barred under existing law
This article shall not be construed to create any cause of action against, or impose any liability on, or revive any cause of action ...
Section 6-5-225 Time for commencement of action against architects, engineers, and builders
It is the purpose and intent of the Legislature in connection with all actions against architects and engineers, who perform or furnish the design, ...
Section 6-5-226 Causes of action not abrogated
Nothing contained in this article shall be construed to abrogate any cause of action for products liability, or for breach of warranty, or for ...
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, prior to the expiration of a written express warranty, contract, or indemnity, causes of ...
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 any period of limitation for any cause of action arising out of or relating ...

Article 14 Redemption of Real Estate.
Article 14A Redemption of Real Estate.

Section 6-5-247 Definitions
Unless the context otherwise requires, the words defined in this section shall have the following meanings when found in this article: (1) SALE or ...
Section 6-5-248 Who may redeem; priorities
(a) Where real estate, or any interest therein, is sold the same may be redeemed by: (1) Any debtor, including any surety or guarantor. ...
Section 6-5-249 Rights under this article extended to executors and administrators
(a) The rights of redemption secured by this article may be asserted, within the time limit provided, by (1) the executor or administrator of ...
Section 6-5-250 Characterization of rights of redemption under this article
The statutory rights of redemption given or conferred by this article are mere personal privileges and not property or property rights. The privileges must ...
Section 6-5-251 Delivery of possession to purchaser on demand
(a) The possession of the land must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if in their possession ...
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 of the purchaser or his or her transferees for a statement in writing of ...
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 the provisions of this article must also pay or tender to the purchaser or ...
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 then holder of the legal title the value of all permanent improvements made on ...
Section 6-5-255 Failure or refusal of purchaser to reconvey title
If the purchaser or his or her vendee or transferee fails or refuses to reconvey to such party entitled and desiring to redeem such ...
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 sections and paying into court the amount of purchase money and the interest necessary ...
Section 6-5-257 Applicability
This article applies only to mortgages foreclosed after January 1, 1989. ...

Article 15 Personal Property Actions.

Section 6-5-260 Deprivation of owner of possession
The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an ...
Section 6-5-261 Interference with mere possession
Mere possession of a chattel, if without title or wrongfully, will give a right of action for any interference therewith, except as against the ...
Section 6-5-262 Trespass - Generally
Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered. ...
Section 6-5-263 Trespass - Bailments
In case of bailments where the possession is in the bailee, a trespass committed during the existence of the bailment will give a right ...
Section 6-5-264 Rights of remainderman or reversioner
A remainderman or reversioner of personalty may commence an action against a wrongdoer for any injury going to destroy the existence or ultimate value ...

Article 15A Recovery for Theft of Merchandise.

Section 6-5-270 Legislative findings
The Legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods ...
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 to commit a theft of property consisting of goods for sale on the premises ...
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 criminal offense of theft of property as defined in Title 13A, Chapter 8, is ...
Section 6-5-273 Jurisdiction of courts
An action for recovery of damages and penalties under this article may be brought in any court of competent jurisdiction, including the small claims ...
Section 6-5-274 Attorney's fees
No attorney's fees shall be charged or collected unless a civil action has been filed under the provisions of this article. ...
Section 6-5-275 Construction of article
This article shall not be construed to prohibit or limit any other course of action which a merchant may have against a person who ...

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 commenced for breach thereof; but if it is severable or if the breaches occur ...
Section 6-5-281 Breach of contract - Successive actions
Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new claim arises therefrom. ...
Section 6-5-282 Breach of contract - Ratable compensation for services
When a person contracts for the performance of services by himself for a stipulated period of time and is prevented from full performance of ...
Section 6-5-283 Joint obligations and promises
When two or more persons are jointly bound by judgment, bond, covenant, or promise in writing of any description whatsoever, the obligation or promise ...
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 of exchange, or other instrument which has been lost or destroyed by theft or ...
Section 6-5-285 Holder of worthless check, draft, or order
The holder of a worthless check, draft, or order for the payment of money shall have a right of action against the person who ...
Section 6-5-286 Defenses to actions on promissory notes, bonds, or other contracts
Except as may be otherwise provided by the Uniform Commercial Code, actions on promissory notes, bonds or other contracts, express or implied, for the ...
Section 6-5-287 Impeachment of or inquiry into consideration of sealed instruments
A defendant may, by affirmative defense, impeach or inquire into the consideration of a sealed instrument in the same manner as if it had ...

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 in any pleading that any party or parties committed an act, and proof that ...

Article 18 Exemptions from Liability.

Section 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 ...
Section 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 ...
Section 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 ...
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 terms shall have meanings respectively ascribed to them by this section: (1) DISCHARGE. Includes ...
Section 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 ...
Section 6-5-332.3 Use of automated external defibrillator
(a) The Legislature of the State of Alabama finds the following: (1) Early defibrillation may sustain the life and temporarily stabilize a person in ...
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 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 ...
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 state employee who has the authority to investigate and bring charges against doctors or ...
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 nonprofit fire department, gratuitously and in good faith, enters any building, house, or structure ...
Section 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 ...
Section 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. ...
Section 6-5-338 Immunity from tort liability for conduct in the line of duty; limitation; certain employers of off-duty officers to maintain liability coverage; penalty for failure to maintain
(a) Every peace officer, except constables, who is employed or appointed pursuant to the Constitution or statutes of this state, whether appointed or employed ...
Section 6-5-339 Volunteer medical professionals
Repealed by Act 2000-680, § 1, 2000 Regular Session, effective August 1, 2000. ...
Section 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 ...
Section 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 ...
Section 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 ...
Section 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 ...
Section 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, ...

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 prosecute as plaintiff an action for her own seduction and may recover such damages ...
Section 6-5-351 Action by father or mother for seduction of daughter
The father or, in case of his death or desertion of his family, or of his imprisonment for a term of two years or ...

Article 20 Felonious Injury.

Section 6-5-370 Civil action without criminal prosecution
For any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured without prosecution ...

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 care or control of any minor under the age of 18 years with whom ...

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 together as husband and wife, shall have an equal right to commence an action ...
Section 6-5-391 Wrongful death of minor
(a) When the death of a minor child is caused by the wrongful act, omission, or negligence of any person, persons, or corporation, or ...

Article 23 Death.

Section 6-5-410 Wrongful act, omission, or negligence causing death
(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within ...
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 an action in a court of competent jurisdiction within the State of Alabama, and ...

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 state or of the United States, a claim, either upon contract or in tort ...

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 courts of this state at the same time for the same cause and against ...

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 or against an unmarried woman does not abate on her marriage, but, the marriage ...
Section 6-5-461 Abatement - Actions by informers
In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and ...
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 upon which an action has been filed and all claims upon which no action ...
Section 6-5-463 Survival - Real property claims to which actions filed
Real property claims with respect to which actions have been filed survive in favor of heirs, devisees or personal representatives and against heirs, devisees, ...
Section 6-5-464 Survival - Claims equitable in nature
(a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors or ...
Section 6-5-465 Survival - Substitution of personal representative where no action filed
If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be ...
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 does not, as to the defendant dying, abate a claim upon which an action ...

Article 27 Medical Liability Actions.

Section 6-5-480 Short title
This article may be cited and known as the "Alabama Medical Liability Act." ...
Section 6-5-481 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) MEDICAL PRACTITIONER. Anyone ...
Section 6-5-482 Limitation on time for commencement of action
(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based ...
Section 6-5-483 Elimination of ad damnum clause in complaints
The ad damnum clause in complaints alleging medical liability shall be eliminated. Such complaints, in place of a claim for specific monetary damages, shall ...
Section 6-5-484 Degree of care owed to patient
(a) In performing professional services for a patient, a physician's, surgeon's, or dentist's duty to the patient shall be to exercise such reasonable care, ...
Section 6-5-485 Settlement of disputes by arbitration
(a) After a physician, dentist, medical institution, or other health care provider has rendered services, or failed to render services, to a patient out ...
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, or medical institution, as defined in Section 6-5-481, in an action for medical liability, ...
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 made by the defendant or his insurer to or for the plaintiff, or any ...
Section 6-5-488 Rules of evidence and procedures in civil actions preserved
All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed 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 system consisting of the time for commencement of actions, for discoverability of actions based ...
Section 6-5-501 Definitions
The following definitions are applicable in this division: (1) ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or business entity, which ...
Section 6-5-502 Limitation periods for product liability actions
(a) All product liability actions against an original seller must be commenced within the following time limits and not otherwise: (1) Except as specifically ...
Section 6-5-503 Applicability of division; not retroactive
This division and each section thereof shall apply only to product liability actions, wherein each element accrues after the effective date of this division, ...
Section 6-5-504 Sections, clauses, etc., of division inseparable and nonseverable
It is expressly provided that each section, clause, provision, or portion of this division shall be construed as inseparable and nonseverable from all others, ...

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 and the cost of such litigation has risen in recent years. The Legislature further ...
Section 6-5-521 "Product liability action" defined
(a) A "product liability action" means any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, ...
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 or hospital expenses are claimed and are legally recoverable for personal injury or death, ...
Section 6-5-523 Reimbursement for medical expenses discoverable
In all product liability actions information respecting reimbursement or payment obtained or which may be obtained by the plaintiff for medical or hospital expenses ...
Section 6-5-524 Evidence of reimbursement inadmissible if recipient must repay
Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or ...
Section 6-5-525 Prior rights not affected
This division shall not affect any rights which have accrued prior to July 30, 1979. ...

Article 29 Medical Liability Act of 1987.

Section 6-5-540 Legislative intent
It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people ...
Section 6-5-541 Short title; construction
This article may be cited and known as "The Alabama Medical Liability Act of 1987" and is intended to supplement "The Alabama Medical Liability ...
Section 6-5-542 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. ...
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; future damages not to be reduced to present value; attorney's fees; termination of periodic payments; contempt of court upon continuing pattern of failure to make payments; modification of judgment; legislative intent
(a) In any action for injury or damages whether in contract or in tort against a health care provider based on a breach of ...
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 in tort against a health care provider based on a breach of the standard ...
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 hospital expenses are claimed and are legally recoverable for personal injury or death, evidence ...
Section 6-5-546 Venue of actions; transfer
In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a ...
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 6-5-410, against a health care provider whether in contract or in tort based on ...
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 death, whether in contract or in tort, against a health care provider for breach ...
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, whether in contract or in tort, against a health care provider based on a ...
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 known and may be cited as "The Alabama Medical Liability Act of 1996." (b) ...
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 for malicious prosecution on the grounds that the party instituting a civil action for ...
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery
In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the ...
Section 6-5-552 Application
This article applies to all actions against health care providers based on acts or omissions accruing after June 11, 1987, and as to such ...

Article 30 Legal Service Liability Actions.

Section 6-5-570 Statement of legislative intent
It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of legal service to the people ...
Section 6-5-571 Short title
This article may be cited and known as "The Alabama Legal Services Liability Act." ...
Section 6-5-572 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ...
Section 6-5-573 Creation of one form of action against legal service providers
There shall be only one form and cause of action against legal service providers in courts in the State of Alabama and it shall ...
Section 6-5-574 Limitation on time for commencement of legal service liability action
(a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure ...
Section 6-5-575 Settlement of disputes by voluntary arbitration
(a) After a legal service provider has rendered services, or failed to render services, to a client out of which a claim has arisen, ...
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 made by the defendant or his insurer to or for the plaintiff, or any ...
Section 6-5-577 Rules of evidence and procedures in civil actions preserved
All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed 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 in an effort to comply with any provision or any official opinion or interpretation ...
Section 6-5-579 Severability of underlying action and available defenses
(a) If the liability to damages of a legal services provider is dependent in whole or in part upon the resolution of a underlying ...
Section 6-5-580 Standards of care
In any action for injury or damages or wrongful death, whether in contract or in tort, against a legal service provider, the plaintiff shall ...
Section 6-5-581 Applicability and effect on inconsistent provisions of law
This article applies to all actions against legal service providers based on acts or omissions accruing after April 12, 1988 and, as to such ...

Article 31 Utility Services Actions.

Section 6-5-600 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them herein, except where the context clearly indicates ...
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 or other instrument with any meter, device, or other instrument used for conducting utility ...
Section 6-5-602 Damages
The damages shall be three times the estimated loss of revenue, plus the cost of the repair or replacement of equipment necessitated by violation ...
Section 6-5-603 Effect of criminal conviction
Conviction under Section 13A-8-10, as amended or under any other criminal statute punishing theft of utility services or tampering with utility meters or facilities ...
Section 6-5-604 Determination of estimated lost revenue
In determining estimated lost revenue for the purposes of this article, if data is not available from which the lost revenue can be computed ...
Section 6-5-605 Application of terms "utilities" and "public utility"
For purposes of this article and for purposes of Sections 40-8-1 and 40-21-50 as amended, the terms "utilities" and "public utility," as applied to ...

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 of agricultural and aquacultural food products and commodities constitute an important and significant portion ...
Section 6-5-621 Definitions
As used in this article, the following terms have the following meanings: (1) DISPARAGEMENT. The dissemination to the public in any manner of false ...
Section 6-5-622 Damages
Any person who produces, markets, or sells a perishable food product or commodity, and suffers damage as a result of another person's disparagement of ...
Section 6-5-623 Defenses
It is no defense under this article that the actor did not intend, or was unaware of, the act charged. ...
Section 6-5-624 Limitation on time for commencement of action
Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within one year after the ...
Section 6-5-625 Construction with other criminal laws
This article shall be construed in pari materia with all laws relating to fraud, criminal mischief, criminal tampering with property, interruption of or impairing ...

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 actions brought in the state courts of Alabama pursuant to Alabama Rule of Civil ...
Section 6-5-641 Certification of classes
(a) No class of civil litigants shall be certified or recognized by any court of the State of Alabama unless there shall have been ...
Section 6-5-642 Appeal of certification order
A court's order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order ...

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 volunteer their services has been increasingly deterred by a perception that they put personal ...
Section 6-5-662 Definitions
For purposes of this article, the following words shall have the following meanings: (1) ESTABLISHED FREE MEDICAL CLINIC. An organized community-based program providing medical ...
Section 6-5-663 Liability of volunteer medical professionals
(a) A medical professional who, in good faith, provides, without fee or compensation, medical treatment, diagnosis, advice, or nursing services as a part of ...

Resources

Alabama Codes

Title 6 - Civil Practice

Chapter 1 - Actions