Chapter5. ACTIONS.  


Article 1. Actions by the State.
§ 6-5-1. Right to commence actions - Generally.
§ 6-5-2. Right to commence actions - In foreign jurisdictions.
§ 6-5-3. Right to commence actions - By successor of public officer.
§ 6-5-4. Recovery of public moneys, funds or property.
Article 2. Actions Against Counties.
§ 6-5-20. Presentment of claim to county commission.
Article 3. Actions on Official Bonds.
§ 6-5-30. Right of aggrieved person to commence action.
§ 6-5-31. Assignment of breaches on penal bonds or other writings.
Article 4. Actions for Statutory Penalties.
§ 6-5-50. Who may commence.
Article 5. Trusts, Combines, or Monopolies.
§ 6-5-60. By whom and against whom action may be commenced; venue.
Article 6. Illegal Liquor and Drug Sales; Penalties.
§ 6-5-70. Furnishing liquor to minors.
§ 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.
§ 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.
§ 6-5-90. Right of action against executor or administrator.
Article 8. Fraud, Misrepresentation, and Deceit.
§ 6-5-100. Fraud - Right of action generally.
§ 6-5-101. Fraud - Misrepresentations of material facts.
§ 6-5-102. Suppression of material facts.
§ 6-5-103. Deceit - Right of action generally.
§ 6-5-104. Deceit - Fraudulent deceit.
Article 9. Nuisances.
Division 1. General Provisions.
§ 6-5-120. Defined.
§ 6-5-121. Distinction between public and private nuisances; right of action generally.
§ 6-5-122. Public nuisances - Abatement or enjoining by municipalities.
§ 6-5-123. Public nuisances - Special damage to individual.
§ 6-5-124. Right of action for private nuisance.
§ 6-5-125. Injunction before completion.
§ 6-5-126. Rights and responsibilities of alienees for continuance.
§ 6-5-127. Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances.
Division 2. Lewdness, Assignation, or Prostitution.
§ 6-5-140. Definitions.
§ 6-5-141. Who deemed guilty of maintaining nuisance.
§ 6-5-142. By whom action to abate and perpetually enjoin nuisance commenced.
§ 6-5-143. Venue; filing of complaint; application for preliminary injunction.
§ 6-5-144. Bond for preliminary injunction or temporary restraining order prior to hearing.
§ 6-5-145. Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order.
§ 6-5-146. Service of complaint on and answer by defendants; granting of preliminary injunction.
§ 6-5-147. Closing place pending final decision - Order.
§ 6-5-148. Closing place pending final decision - Release of property on bond.
§ 6-5-149. Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment.
§ 6-5-150. Grant and effect of permanent injunction.
§ 6-5-151. Order of abatement; sale of property.
§ 6-5-152. Fees of officers selling property, etc.
§ 6-5-153. Effect of establishment of nuisance in criminal proceedings.
§ 6-5-154. Violations constituting contempt; proceedings thereon.
Division 3. Drug-Related Nuisances
§ 6-5-155. Legislative findings and declarations.
§ 6-5-155.1. Definitions.
§ 6-5-155.2. Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action.
§ 6-5-155.3. Contents of complaint; supporting affidavits.
§ 6-5-155.4. Service of summons and complaint.
§ 6-5-155.5. Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief.
§ 6-5-155.6. Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court.
§ 6-5-155.7. Civil penalty.
§ 6-5-155.8. Protection of witnesses.
§ 6-5-155.9. Previous conviction not required.
§ 6-5-156. Security bond.
§ 6-5-156.1. Evidence of general reputation of property.
§ 6-5-156.2. Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant.
§ 6-5-156.3. Standard of proof; damages and other relief; jurisdiction and powers of court; appointment of receiver; eviction of tenant.
§ 6-5-156.4. Violation of court order; additional orders necessary to abatement; suspension or cancellation of order.
§ 6-5-156.5. Frivolous or bad faith action.
Division 4. Obscene Nuisances.
§ 6-5-160. Legislative findings.
§ 6-5-160.1. Cause of action for public nuisance.
§ 6-5-160.2. Security bond for preliminary injunction, etc.
§ 6-5-160.3. Standards of proof; remedies; enforcement.
§ 6-5-160.4. Violation, suspension, cancellation of abatement order.
Article 10. False Imprisonment.
§ 6-5-170. Definition.
Article 11. Defamation, Libel and Slander.
§ 6-5-180. Import of accusations of false swearing or commission of crime.
§ 6-5-181. Words falsely imputing woman's chastity actionable.
§ 6-5-182. Libel or slander - Burden of proof.
§ 6-5-183. Libel or slander - Mitigation of damages - Evidence of truth or circumstances.
§ 6-5-184. Libel or slander - Mitigation of damages - Retraction.
§ 6-5-185. Libel or slander - Mitigation of damages - When only actual damages recoverable.
§ 6-5-186. Prerequisites to recovery of vindictive or punitive damages in action for libel.
§ 6-5-187. Truth of charges against public persons may be proved.
§ 6-5-188. Effect of retraction and tender of money.
§ 6-5-189. Effect of tender of money.
Article 12. Adverse Possession.
§ 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.
§ 6-5-210. Rights above and below surface.
§ 6-5-211. Slander of title.
§ 6-5-212. Bare right of possession.
§ 6-5-213. Bare possession.
§ 6-5-214. Action for trespass by person having bare title.
§ 6-5-215. When possession disputed.
§ 6-5-216. Unlawful interference with right-of-way.
§ 6-5-217. Damages for continuous trespass.
§ 6-5-218. Rule of prescription regarding damages arising out of improvements to real property.
Article 13A. Actions Against Architects, Contractors, Engineers.
§ 6-5-220. Definitions.
§ 6-5-221. Limitation on time for commencement of action.
§ 6-5-222. Statute of limitations - Computation of period.
§ 6-5-223. Applicability.
§ 6-5-224. Causes of action barred under existing law.
§ 6-5-225. Time for commencement of action against architects, engineers, and builders.
§ 6-5-226. Causes of action not abrogated.
§ 6-5-227. Causes of action for breach of written express warranty, contract, or indemnity against architects, engineers, and builders.
§ 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.
§ 6-5-247. Definitions.
§ 6-5-248. Who may redeem; priorities.
§ 6-5-249. Rights under this article extended to executors and administrators.
§ 6-5-250. Characterization of rights of redemption under this article.
§ 6-5-251. Delivery of possession to purchaser on demand.
§ 6-5-252. Demand for statement of debt and lawful charges by person entitled to redeem.
§ 6-5-253. Payment or tender of purchase money and other lawful charges, with interest.
§ 6-5-254. Payment of value of permanent improvements; how value of improvements ascertained.
§ 6-5-255. Failure or refusal of purchaser to reconvey title.
§ 6-5-256. Settlement and adjustment of rights and equities by circuit court when complaint filed.
§ 6-5-257. Applicability.
Article 15. Personal Property Actions.
§ 6-5-260. Deprivation of owner of possession.
§ 6-5-261. Interference with mere possession.
§ 6-5-262. Trespass - Generally.
§ 6-5-263. Trespass - Bailments.
§ 6-5-264. Rights of remainderman or reversioner.
Article 15A. Recovery for Theft of Merchandise.
§ 6-5-270. Legislative findings.
§ 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.
§ 6-5-272. Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance.
§ 6-5-273. Jurisdiction of courts.
§ 6-5-274. Attorney's fees.
§ 6-5-275. Construction of article.
Article 16. Contracts, Promises and Notes.
§ 6-5-280. Breach of contract - Limitation on actions.
§ 6-5-281. Breach of contract - Successive actions.
§ 6-5-282. Breach of contract - Ratable compensation for services.
§ 6-5-283. Joint obligations and promises.
§ 6-5-284. Instrument lost or destroyed by theft, etc.; evidence of loss, destruction and contents; execution bond.
§ 6-5-285. Holder of worthless check, draft, or order.
§ 6-5-286. Defenses to actions on promissory notes, bonds, or other contracts.
§ 6-5-287. Impeachment of or inquiry into consideration of sealed instruments.
Article 17. Principal And Agent; Master and Servant.
§ 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.
§ 6-5-330. Breach of contract to marry.
§ 6-5-331. Alienation of affections, criminal conversation, and seduction.
§ 6-5-332. Persons rendering emergency care etc., at scene of accident, etc.
§ 6-5-332.1. Immunity of persons assisting or advising as to mitigation of effects of discharge of hazardous materials; nonimmunity of certain persons.
§ 6-5-332.2. Immunity of persons responding to oil spills.
§ 6-5-332.3. Use of automated external defibrillator.
§ 6-5-333. Dentists, chiropractors, and physicians serving on utilization and quality control committees, peer review committees, or professional standards review committees; consultants thereto and employees thereof; dental, chiropractic and medical societies and associations; appeal to Alabama Dental Association; confidentiality.
§ 6-5-334. Employees of medical services administration, etc., investigating and bringing charges against doctors, etc., relating to fraud or abuse of Medicaid program, etc.
§ 6-5-335. Volunteer firemen or rescue squad members entering burning buildings, etc., and attempting to preserve and protect said buildings, property therein, etc.
§ 6-5-336. Volunteers.
§ 6-5-337. Immunity of those involved in equine activities.
§ 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.
§ 6-5-339. Volunteer medical professionals.
§ 6-5-340. Computer failure or malfunction.
§ 6-5-341. Liability for operation or use of sport shooting range.
§ 6-5-342. Skateboarding, roller skating in parks or rinks.
§ 6-5-343. Liability for farmer allowing nonprofit entity onto property.
§ 6-5-344. Volunteer athletic coach, manager, or official.
§ 6-5-345. Duty of care owed by possessor of real property to certain trespassers.
§ 6-5-346. Defense of self, others, and property.
§ 6-5-347. Agritourism.
Article 19. Seduction.
§ 6-5-350. Action by unmarried woman under 19 years of age.
§ 6-5-351. Action by father or mother for seduction of daughter.
Article 20. Felonious Injury.
§ 6-5-370. Civil action without criminal prosecution.
Article 21. Malicious Act of Minor.
§ 6-5-380. Liability of parents for destruction of property by minor; exception.
Article 22. Injury and Death of Minor.
§ 6-5-390. Injury to minor child.
§ 6-5-391. Wrongful death of minor.
Article 23. Death.
§ 6-5-410. Wrongful act, omission, or negligence causing death.
§ 6-5-411. Injuries to decedent's property resulting from wrongful act, etc., causing death.
Article 24. Foreign Causes of Action.
§ 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.
§ 6-5-440. Simultaneous actions for same cause against same party prohibited.
Article 26. Abatement, Survival and Revival of Actions.
§ 6-5-460. Abatement - Actions by or against unmarried women not abated upon marriage.
§ 6-5-461. Abatement - Actions by informers.
§ 6-5-462. Survival - Claims by and against personal representative in proceedings not of an equitable nature.
§ 6-5-463. Survival - Real property claims to which actions filed.
§ 6-5-464. Survival - Claims equitable in nature.
§ 6-5-465. Survival - Substitution of personal representative where no action filed.
§ 6-5-466. Revival in case of death of one or more defendants jointly sued.
Article 27. Medical Liability Actions.
§ 6-5-480. Short title.
§ 6-5-481. Definitions.
§ 6-5-482. Limitation on time for commencement of action.
§ 6-5-483. Elimination of ad damnum clause in complaints.
§ 6-5-484. Degree of care owed to patient.
§ 6-5-485. Settlement of disputes by arbitration.
§ 6-5-486. Optional method of payment of judgments in excess of $100,000.
§ 6-5-487. Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
§ 6-5-488. Rules of evidence and procedures in civil actions preserved.
Article 28. Product Liability Actions.
Division 1. Limitation Periods.
§ 6-5-500. Intent of Legislature; legislative findings.
§ 6-5-501. Definitions.
§ 6-5-502. Limitation periods for product liability actions.
§ 6-5-503. Applicability of division; not retroactive.
§ 6-5-504. Sections, clauses, etc., of division inseparable and nonseverable.
Division 2. Mitigation of Recoverable Damages.
§ 6-5-520. Intent of Legislature; legislative findings; collateral source rule modified.
§ 6-5-521. "Product liability action" defined.
§ 6-5-522. Evidence of medical expense reimbursement mitigates damages; cost of obtaining reimbursement recoverable.
§ 6-5-523. Reimbursement for medical expenses discoverable.
§ 6-5-524. Evidence of reimbursement inadmissible if recipient must repay.
§ 6-5-525. Prior rights not affected.
Article 29. Medical Liability Act of 1987.
§ 6-5-540. Legislative intent.
§ 6-5-541. Short title; construction.
§ 6-5-542. Definitions.
§ 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.
§ 6-5-544. Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation.
§ 6-5-545. Evidence admissible that medical expenses will be reimbursed; information subject to discovery.
§ 6-5-546. Venue of actions; transfer.
§ 6-5-547. One million dollar limit on judgments; mistrial if jury advised of limitation.
§ 6-5-548. Burden of proof; reasonable care as similarly situated health care provider; no evidence admitted of medical liability insurance.
§ 6-5-549. Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury.
§ 6-5-549.1. Limits of liability insurance coverage in legal action against health care providers; testimony of health care providers as specialists.
§ 6-5-550. Cause of action for malicious prosecution of civil action against health care provider.
§ 6-5-551. Complaint to detail circumstances rendering provider liable; discovery.
§ 6-5-552. Application.
Article 30. Legal Service Liability Actions.
§ 6-5-570. Statement of legislative intent.
§ 6-5-571. Short title.
§ 6-5-572. Definitions.
§ 6-5-573. Creation of one form of action against legal service providers.
§ 6-5-574. Limitation on time for commencement of legal service liability action.
§ 6-5-575. Settlement of disputes by voluntary arbitration.
§ 6-5-576. Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
§ 6-5-577. Rules of evidence and procedures in civil actions preserved.
§ 6-5-578. Effect of compliance or violation of the rules of professional conduct.
§ 6-5-579. Severability of underlying action and available defenses.
§ 6-5-580. Standards of care.
§ 6-5-581. Applicability and effect on inconsistent provisions of law.
Article 31. Utility Services Actions.
§ 6-5-600. Definitions.
§ 6-5-601. Right of action for diversion or unauthorized use of utility services.
§ 6-5-602. Damages.
§ 6-5-603. Effect of criminal conviction.
§ 6-5-604. Determination of estimated lost revenue.
§ 6-5-605. Application of terms "utilities" and "public utility".
Article 32. Action for Disparagement of Food Product or Commodity.
§ 6-5-620. Statement of legislative intent.
§ 6-5-621. Definitions.
§ 6-5-622. Damages.
§ 6-5-623. Defenses.
§ 6-5-624. Limitation on time for commencement of action.
§ 6-5-625. Construction with other criminal laws.
Article 33. Class Actions.
§ 6-5-640. Scope and effect on other laws or rules.
§ 6-5-641. Certification of classes.
§ 6-5-642. Appeal of certification order.
Article 34. Volunteer Medical Professional Act.
§ 6-5-660. Short title
§ 6-5-661. Legislative findings.
§ 6-5-662. Definitions.
§ 6-5-663. Liability of volunteer medical professionals.
Article 35. Asbestos-Related Claims.
§ 6-5-680. Definitions.
§ 6-5-681. Applicability of limitations.
§ 6-5-682. Limitations of liability.
§ 6-5-683. Fair market value of total gross assets.
§ 6-5-684. Adjustment of fair market value of total gross assets.
§ 6-5-685. Application of article.
Article 36. Civil Liability of Contractors..
§ 6-5-700. Definitions.
§ 6-5-701. Reliance upon specifications.
§ 6-5-702. Compliance with contract documents.
§ 6-5-703. Notification of potentially dangerous conditions.
§ 6-5-704. Claims by noncontractual third parties.
§ 6-5-705. Dangerous conditions outside scope of project.
§ 6-5-706. Improper maintenance following conclusion of project.
§ 6-5-707. Damage to property of utility.
§ 6-5-708. Accrual of action.
§ 6-5-709. Construction of article.
Article 36A. Liability for Construction Monitoring Services.
§ 6-5-710. Definitions.
§ 6-5-711. Exemption from civil liability for certain professional firms and employees providing construction monitoring services.
§ 6-5-712. Construction and application of article.
Article 37. Commonsense Consumption Act.
§ 6-5-730. Short title.
§ 6-5-731. Definitions.
§ 6-5-732. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exemptions from civil actions.
§ 6-5-733. Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Permitted civil actions.
§ 6-5-734. Pleading requirements; stay of discovery.
§ 6-5-735. Construction of article.
§ 6-5-736. Application of article.
Article 38. Alabama Commercial Aviation Business Improvement Act of 2013.
§ 6-5-750. Short title.
§ 6-5-751. Legislative findings and objectives.
§ 6-5-752. Definitions.
§ 6-5-753. Commencement of action.
§ 6-5-754. Choice of forum.
§ 6-5-755. Recovery; contribution.
§ 6-5-756. Application of article.