2006 Alabama Code - Chapter 5 — ACTIONS.

Article 1 Actions by the State.

• Section 6-5-1 — Right to commence actions — Generally.
• Section 6-5-2 — Right to commence actions - In foreign jurisdictions.
• Section 6-5-3 — Right to commence actions - By successor of public officer.
• Section 6-5-4 — Recovery of public moneys, funds or property.

Article 2 Actions Against Counties.

• Section 6-5-20 — Presentment of claim to county commission.

Article 3 Actions on Official Bonds.

• Section 6-5-30 — Right of aggrieved person to commence action.
• Section 6-5-31 — Assignment of breaches on penal bonds or other writings.

Article 4 Actions for Statutory Penalties.

• Section 6-5-50 — Who may commence.

Article 5 Trusts, Combines, or Monopolies.

• Section 6-5-60 — By whom and against whom action may be commenced; venue.

Article 6 Illegal Liquor and Drug Sales; Penalties.

• Section 6-5-70 — Furnishing liquor to minors.
• 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.
• Section 6-5-72 — Liability of person for injury to third party in consequence of selling or furnishing controlled substance to minor.

Article 7 Actions Against Estate for Trespass, Waste, etc.

• Section 6-5-90 — Right of action against executor or administrator.

Article 8 Fraud, Misrepresentation, and Deceit.

• Section 6-5-100 — Fraud - Right of action generally.
• Section 6-5-101 — Fraud - Misrepresentations of material facts.
• Section 6-5-102 — Suppression of material facts.
• Section 6-5-103 — Deceit - Right of action generally.
• Section 6-5-104 — Deceit - Fraudulent deceit.

Article 9 Nuisances.

• Section 6-5-120 — Defined.
• Section 6-5-121 — Distinction between public and private nuisances; right of action generally.
• Section 6-5-122 — Public nuisances - Abatement or enjoining by municipalities.
• Section 6-5-123 — Public nuisances - Special damage to individual.
• Section 6-5-124 — Right of action for private nuisance.
• Section 6-5-125 — Injunction before completion.
• Section 6-5-126 — Rights and responsibilities of alienees for continuance.
• Section 6-5-127 — Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances.
• Section 6-5-140 — Definitions.
• Section 6-5-141 — Who deemed guilty of maintaining nuisance.
• Section 6-5-142 — By whom action to abate and perpetually enjoin nuisance commenced.
• Section 6-5-143 — Venue; filing of complaint; application for preliminary injunction.
• Section 6-5-144 — Bond for preliminary injunction or temporary restraining order prior to hearing.
• Section 6-5-145 — Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order.
• Section 6-5-146 — Service of complaint on and answer by defendants; granting of preliminary injunction.
• Section 6-5-147 — Closing place pending final decision - Order.
• Section 6-5-148 — Closing place pending final decision - Release of property on bond.
• Section 6-5-149 — Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment.
• Section 6-5-150 — Grant and effect of permanent injunction.
• Section 6-5-151 — Order of abatement; sale of property.
• Section 6-5-152 — Fees of officers selling property, etc.
• Section 6-5-153 — Effect of establishment of nuisance in criminal proceedings.
• Section 6-5-154 — Violations constituting contempt; proceedings thereon.
• Section 6-5-155 — Legislative findings and declarations.
• Section 6-5-155.1 — Definitions.
• Section 6-5-155.2 — Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action.
• Section 6-5-155.3 — Contents of complaint; supporting affidavits.
• Section 6-5-155.4 — Service of summons and complaint.
• Section 6-5-155.5 — Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief.
• Section 6-5-155.6 — Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court.
• Section 6-5-155.7 — Civil penalty.
• Section 6-5-155.8 — Protection of witnesses.
• Section 6-5-155.9 — Previous conviction not required.
• Section 6-5-156 — Security bond.
• Section 6-5-156.1 — Evidence of general reputation of property.
• Section 6-5-156.2 — Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant.
• Section 6-5-156.3 — Standard of proof; damages and other relief; jurisdiction and powers of court; appointment of receiver; eviction of tenant.
• Section 6-5-156.4 — Violation of court order; additional orders necessary to abatement; suspension or cancellation of order.
• Section 6-5-156.5 — Frivolous or bad faith action.
• Section 6-5-160 — Legislative findings.
• Section 6-5-160.1 — Cause of action for public nuisance.
• Section 6-5-160.2 — Security bond for preliminary injunction, etc.
• Section 6-5-160.3 — Standards of proof; remedies; enforcement.
• Section 6-5-160.4 — Violation, suspension, cancellation of abatement order.

Article 10 False Imprisonment.

• Section 6-5-170 — Definition.

Article 11 Defamation, Libel and Slander.

• Section 6-5-180 — Import of accusations of false swearing or commission of crime.
• Section 6-5-181 — Words falsely imputing woman's chastity actionable.
• Section 6-5-182 — Libel or slander - Burden of proof.
• Section 6-5-183 — Libel or slander - Mitigation of damages - Evidence of truth or circumstances.
• Section 6-5-184 — Libel or slander - Mitigation of damages - Retraction.
• Section 6-5-185 — Libel or slander - Mitigation of damages - When only actual damages recoverable.
• Section 6-5-186 — Prerequisites to recovery of vindictive or punitive damages in action for libel.
• Section 6-5-187 — Truth of charges against public persons may be proved.
• Section 6-5-188 — Effect of retraction and tender of money.
• Section 6-5-189 — Effect of tender of money.

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.

Article 13 Real Property Actions Generally.

• Section 6-5-210 — Rights above and below surface.
• Section 6-5-211 — Slander of title.
• Section 6-5-212 — Bare right of possession.
• Section 6-5-213 — Bare possession.
• Section 6-5-214 — Action for trespass by person having bare title.
• Section 6-5-215 — When possession disputed.
• Section 6-5-216 — Unlawful interference with right-of-way.
• Section 6-5-217 — Damages for continuous trespass.
• Section 6-5-218 — Rule of prescription regarding damages arising out of improvements to real property.

Article 13A Actions Against Architects, Contractors, Engineers.

• Section 6-5-220 — Definitions.
• Section 6-5-221 — Limitation on time for commencement of action.
• Section 6-5-222 — Statute of limitations - Computation of period.
• Section 6-5-223 — Applicability.
• Section 6-5-224 — Causes of action barred under existing law.
• Section 6-5-225 — Time for commencement of action against architects, engineers, and builders.
• Section 6-5-226 — Causes of action not abrogated.
• Section 6-5-227 — Causes of action for breach of written express warranty, contract, or indemnity against architects, engineers, and builders.
• Section 6-5-228 — Actions relating to sale or disposition of real estate; actions against persons other than architects, engineers or builders.

Article 14 Redemption of Real Estate.

Article 14A Redemption of Real Estate.

• Section 6-5-247 — Definitions.
• Section 6-5-248 — Who may redeem; priorities.
• Section 6-5-249 — Rights under this article extended to executors and administrators.
• Section 6-5-250 — Characterization of rights of redemption under this article.
• Section 6-5-251 — Delivery of possession to purchaser on demand.
• Section 6-5-252 — Demand for statement of debt and lawful charges by person entitled to redeem.
• Section 6-5-253 — Payment or tender of purchase money and other lawful charges, with interest.
• Section 6-5-254 — Payment of value of permanent improvements; how value of improvements ascertained.
• Section 6-5-255 — Failure or refusal of purchaser to reconvey title.
• Section 6-5-256 — Settlement and adjustment of rights and equities by circuit court when complaint filed.
• Section 6-5-257 — Applicability.

Article 15 Personal Property Actions.

• Section 6-5-260 — Deprivation of owner of possession.
• Section 6-5-261 — Interference with mere possession.
• Section 6-5-262 — Trespass - Generally.
• Section 6-5-263 — Trespass - Bailments.
• Section 6-5-264 — Rights of remainderman or reversioner.

Article 15A Recovery for Theft of Merchandise.

• Section 6-5-270 — Legislative findings.
• 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.
• Section 6-5-272 — Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance.
• Section 6-5-273 — Jurisdiction of courts.
• Section 6-5-274 — Attorney's fees.
• Section 6-5-275 — Construction of article.

Article 16 Contracts, Promises and Notes.

• Section 6-5-280 — Breach of contract - Limitation on actions.
• Section 6-5-281 — Breach of contract - Successive actions.
• Section 6-5-282 — Breach of contract - Ratable compensation for services.
• Section 6-5-283 — Joint obligations and promises.
• Section 6-5-284 — Instrument lost or destroyed by theft, etc.; evidence of loss, destruction and contents; execution bond.
• Section 6-5-285 — Holder of worthless check, draft, or order.
• Section 6-5-286 — Defenses to actions on promissory notes, bonds, or other contracts.
• Section 6-5-287 — Impeachment of or inquiry into consideration of sealed instruments.

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.

Article 18 Exemptions from Liability.

• Section 6-5-330 — Breach of contract to marry.
• Section 6-5-331 — :Alienation of affections, criminal conversation, and seduction.
• Section 6-5-332 — Persons rendering emergency care etc., at scene of accident, etc.
• 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.
• Section 6-5-332.2 — Immunity of persons responding to oil spills.
• Section 6-5-332.3 — Use of automated external defibrillator.
• 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.
• 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.
• 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.
• Section 6-5-336 — Volunteers.
• Section 6-5-337 — Immunity of those involved in equine 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.
• Section 6-5-339 — Volunteer medical professionals.
• Section 6-5-340 — Computer failure or malfunction.
• Section 6-5-341 — Liability for operation or use of sport shooting range.
• Section 6-5-342 — Skateboarding, roller skating in parks or rinks.
• Section 6-5-343 — Liability for farmer allowing nonprofit entity onto property.

Article 19 Seduction.

• Section 6-5-350 — Action by unmarried woman under 19 years of age.
• Section 6-5-351 — Action by father or mother for seduction of daughter.

Article 20 Felonious Injury.

• Section 6-5-370 — Civil action without criminal prosecution.

Article 21 Malicious Act of Minor.

• Section 6-5-380 — Liability of parents for destruction of property by minor; exception.

Article 22 Injury and Death of Minor.

• Section 6-5-390 — Injury to minor child.
• Section 6-5-391 — Wrongful death of minor.

Article 23 Death.

• Section 6-5-410 — Wrongful act, omission, or negligence causing death.
• Section 6-5-411 — Injuries to decedent's property resulting from wrongful act, etc., causing death.

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.

Article 25 Election Between Actions.

• Section 6-5-440 — Simultaneous actions for same cause against same party prohibited.

Article 26 Abatement, Survival and Revival of Actions.

• Section 6-5-460 — Abatement - Actions by or against unmarried women not abated upon marriage.
• Section 6-5-461 — Abatement - Actions by informers.
• Section 6-5-462 — Survival - Claims by and against personal representative in proceedings not of an equitable nature.
• Section 6-5-463 — Survival - Real property claims to which actions filed.
• Section 6-5-464 — Survival - Claims equitable in nature.
• Section 6-5-465 — Survival - Substitution of personal representative where no action filed.
• Section 6-5-466 — Revival in case of death of one or more defendants jointly sued.

Article 27 Medical Liability Actions.

• Section 6-5-480 — Short title.
• Section 6-5-481 — Definitions.
• Section 6-5-482 — Limitation on time for commencement of action.
• Section 6-5-483 — Elimination of ad damnum clause in complaints.
• Section 6-5-484 — Degree of care owed to patient.
• Section 6-5-485 — Settlement of disputes by arbitration.
• Section 6-5-486 — Optional method of payment of judgments in excess of $100,000.
• Section 6-5-487 — Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
• Section 6-5-488 — Rules of evidence and procedures in civil actions preserved.

Article 28 Product Liability Actions.

• Section 6-5-500 — Intent of legislature; legislative findings.
• Section 6-5-501 — Definitions.
• Section 6-5-502 — Limitation periods for product liability actions.
• Section 6-5-503 — Applicability of division; not retroactive.
• Section 6-5-504 — Sections, clauses, etc., of division inseparable and nonseverable.
• Section 6-5-520 — Intent of legislature; legislative findings; collateral source rule modified.
• Section 6-5-521 — "Product liability action" defined.
• Section 6-5-522 — Evidence of medical expense reimbursement mitigates damages; cost of obtaining reimbursement recoverable.
• Section 6-5-523 — Reimbursement for medical expenses discoverable.
• Section 6-5-524 — Evidence of reimbursement inadmissible if recipient must repay.
• Section 6-5-525 — Prior rights not affected.

Article 29 Medical Liability Act of 1987.

• Section 6-5-540 — Legislative intent.
• Section 6-5-541 — Short title; construction.
• Section 6-5-542 — Definitions.
• 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.
• Section 6-5-544 — Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation.
• Section 6-5-545 — Evidence admissible that medical expenses will be reimbursed; information subject to discovery.
• Section 6-5-546 — Venue of actions; transfer.
• Section 6-5-547 — One million dollar limit on judgments; mistrial if jury advised of limitation.
• Section 6-5-548 — Burden of proof; reasonable care as similarly situated health care provider; no evidence admitted of medical liability insurance.
• Section 6-5-549 — Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury.
• Section 6-5-549.1 — Limits of liability insurance coverage in legal action against health care providers; testimony of health care providers as specialists.
• Section 6-5-550 — Cause of action for malicious prosecution of civil action against health care provider.
• Section 6-5-551 — Complaint to detail circumstances rendering provider liable; discovery.
• Section 6-5-552 — Application.

Article 30 Legal Service Liability Actions.

• Section 6-5-570 — Statement of legislative intent.
• Section 6-5-571 — Short title.
• Section 6-5-572 — Definitions.
• Section 6-5-573 — Creation of one form of action against legal service providers.
• Section 6-5-574 — Limitation on time for commencement of legal service liability action.
• Section 6-5-575 — Settlement of disputes by voluntary arbitration.
• Section 6-5-576 — Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
• Section 6-5-577 — Rules of evidence and procedures in civil actions preserved.
• Section 6-5-578 — Effect of compliance or violation of the rules of professional conduct.
• Section 6-5-579 — Severability of underlying action and available defenses.
• Section 6-5-580 — Standards of care.
• Section 6-5-581 — Applicability and effect on inconsistent provisions of law.

Article 31 Utility Services Actions.

• Section 6-5-600 — Definitions.
• Section 6-5-601 — Right of action for diversion or unauthorized use of utility services.
• Section 6-5-602 — Damages.
• Section 6-5-603 — Effect of criminal conviction.
• Section 6-5-604 — Determination of estimated lost revenue.
• Section 6-5-605 — Application of terms "utilities" and "public utility".

Article 32 Action for Disparagement of Food Product or Commodity.

• Section 6-5-620 — Statement of legislative intent.
• Section 6-5-621 — Definitions.
• Section 6-5-622 — Damages.
• Section 6-5-623 — Defenses.
• Section 6-5-624 — Limitation on time for commencement of action.
• Section 6-5-625 — Construction with other criminal laws.

Article 33 Class Actions.

• Section 6-5-640 — Scope and effect on other laws or rules.
• Section 6-5-641 — Certification of classes.
• Section 6-5-642 — Appeal of certification order.

Article 34 Volunteer Medical Professional Act.

• Section 6-5-660 — Short title
• Section 6-5-661 — Legislative findings.
• Section 6-5-662 — Definitions.
• Section 6-5-663 — Liability of volunteer medical professionals.