Title 6

This article applies only to mortgages foreclosed after January 1, 1989. (Acts 1988, No. 88-441, p. 647, §11.)

The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an action lies. (Code 1907, §2461; Code 1923, §5667; Code 1940, T. 7, §91.)

Mere possession of a chattel, if without title or wrongfully, will give a right of action for any interference therewith, except as against the true owner or the person wrongfully deprived of possession. (Code 1907, §2462; Code 1923, §5668; Code 1940, T. 7, §92.)

Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered. (Code 1907, §2463; Code 1923, §5669; Code 1940, T. 7, §93.)

In case of bailments where the possession is in the bailee, a trespass committed during the existence of the bailment will give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with …

A remainderman or reversioner of personalty may commence an action against a wrongdoer for any injury going to destroy the existence or ultimate value of the property. In such cases, the tenant in possession and remainderman or reversioner may sue jointly for the injury to the en…

The Legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods have proven unsuccessful and costly to both the general public and to business. The existing criminal j…

(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the …

(a) A conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this article. (b) The fact that a merchant may brin…

An action for recovery of damages and penalties under this article may be brought in any court of competent jurisdiction, including the small claims division of a district court in the county where the merchant is located, if the person or the parent or legal guardian of the unem…

No attorney’s fees shall be charged or collected unless a civil action has been filed under the provisions of this article. (Acts 1993, No. 93-676, §5.)

This article shall not be construed to prohibit or limit any other course of action which a merchant may have against a person who unlawfully takes merchandise from the merchant’s premises. Enforcement of this article is not a violation of Section 13A-10-7. (Acts 1993, No. 93-676…

If a contract is entire, only one action can be commenced for breach thereof; but if it is severable or if the breaches occur at successive periods in an entire contract, as where money is to be paid by installments, an action will lie for each breach; provided, that all the brea…

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new claim arises therefrom. (Code 1852, §2232; Code 1867, §2634; Code 1876, §2983; Code 1886, §2669; Code 1896, §34; Code 1907, §2494; Code 1923, §5706; Code 1940, T. 7…

When a person contracts for the performance of services by himself for a stipulated period of time and is prevented from full performance of the contract by sickness or death, he or his personal representative, as the case may be, may recover a ratable compensation for the servic…

When two or more persons are jointly bound by judgment, bond, covenant, or promise in writing of any description whatsoever, the obligation or promise is in law several as well as joint, and an action may be commenced thereon against the legal representatives of such as are dead,…

(a) In an action commenced on a bond, note, bill of exchange, or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is made by the plaintiff of such loss or destruction and the contents thereof and that the same has not been paid or otherwise di…

The holder of a worthless check, draft, or order for the payment of money shall have a right of action against the person who unlawfully made, uttered, or delivered the same to him or to his endorser; and such action may be maintained though there has been no prosecution, convict…

Except as may be otherwise provided by the Uniform Commercial Code, actions on promissory notes, bonds, or other contracts, express or implied, for the payment of money are subject to any defense the payor, obligor, or debtor had against the payee, obligee, or creditor previous t…

A defendant may, by affirmative defense, impeach or inquire into the consideration of a sealed instrument in the same manner as if it had not been sealed. (Code 1852, §2230; Code 1867, §2632; Code 1876, §2981; Code 1886, §2667; Code 1896, §3288; Code 1907, §5324; Code 1923, §9461…

In any civil action, it shall be permissible to allege in any pleading that any party or parties committed an act, and proof that any such party or parties committed such act by or through an agent, servant, or employee acting within the line and scope of his employment shall be …

No contract to marry which shall be made within this state after September 7, 1935, shall operate to give rise, either within or without this state, to any cause of action for breach thereof. (Acts 1935, No. 356, p. 780; Code 1940, T. 7, §114.)

There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over. (Acts 1935, No. 356, p. 780; Code 1940, T. 7, §115.)

(a) When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, individual affiliated with or a member of any community emergency response team who has completed…

(a) As used in this section, the following words and terms shall have meanings respectively ascribed to them by this section: (1) DISCHARGE. Includes leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Includes all materials and substances which are now or hereafter desi…

(a) This section shall be known and may be cited as the Alabama Act Regarding Liability for Persons Responding to Oil Spills. (b) For the purposes of this section, the following terms shall have the following meanings: (1) DAMAGES. Damages of any kind for which liability may exis…

(a) As used in Section 6-5-332, the term “automated external defibrillator” or “AED” means a medical device heart monitor and defibrillator that meets all of the following specifications: (1) Is commercially distributed in accordance with the Federal Food, Drug and Cosmetic Act (…

(a) As used in this section, the following terms shall have the following meanings: (1) INCAPACITATED PERSON. A person as defined in Section 26-2A-20. (2) MOTOR VEHICLE. A motor vehicle as defined in Section 32-1-1.1. (b) A person who enters a motor vehicle by force or otherwise,…

(a) As used in this section, the following terms shall have the following meanings: (1) CHILD. A person who is under nine years of age. (2) INCAPACITATED PERSON. As defined in Section 26-2A-20. (3) MOTOR VEHICLE. As defined in Section 32-1-1.1. (4) PUBLIC SAFETY OFFICIAL. An indi…

(a) A person who, in good faith, and not for compensation, provides an individual transportation to a health care facility or health care provider is not subject to civil liability for negligence claimed by the individual receiving the transportation, if the provider could not ha…

(a) Any dentist, chiropractor, or physician licensed to practice medicine in Alabama who serves on a peer review or a utilization and quality control committee or professional standards review committee or a similar committee or a committee of similar purpose or any dentist, phys…

Any employee of the medical services administration and any other state employee who has the authority to investigate and bring charges against doctors or providers of health care relating to medical payments and cases of alleged fraud or abuse of the Medicaid program shall be re…

When any member of any organized rescue squad or volunteer nonprofit fire department, gratuitously and in good faith, enters any building, house, or structure which is burning or endangered by fire and makes efforts to preserve and protect said property and any other property con…

(a) This section shall be known as “The Volunteer Service Act.” (b) The Legislature finds and declares that: (1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions…

(a) The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from equine activit…

(a) For the purposes of this section, the following terms have the following meanings, unless the context requires otherwise: (1) BOVINE. Any buffalo, bison, cattle, or oxen. (2) BOVINE ACTIVITY. Any activity involving one or more bovine, including, but not limited to, any of the…

For purposes of Sections 6-5-338.2, 6-5-338.3, and 6-5-338.4, the following terms have the following meanings unless the context dictates otherwise: (1) CLEARLY ESTABLISHED. A state statutory or constitutional right is clearly established, and a reasonable law enforcement officer…

(a) Except as provided in subsection (b), a law enforcement officer shall be immune from any claim that seeks to impose civil liability on the law enforcement officer for conduct performed within a law enforcement officer’s discretionary authority. (b) A law enforcement officer s…

(a) The improper denial of a motion to dismiss or motion for judgment as a matter of law, including a motion for summary judgment, based on the immunity provided under Section 6-5-338.2(a), or any action improperly allowing discovery in violation of Section 6-5-338.2(f), shall en…

(a) The protections afforded a law enforcement officer under Sections 6-5-338.2 and 6-5-338.3 apply to any cause of action that accrued on or after October 1, 2025. (b) The protections available to law enforcement officers under Sections 6-5-338.2 and 6-5-338.3 are in addition to…

(a) Whenever used in this section, the following words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY. Any public or private corporation, board, or authority established pursuant to a general or local law by state, county, or municipal gov…

(a) As used in this section, the following words shall have the following meanings: (1) GOVERNMENTAL BODY. The State of Alabama or any county or municipal governing body, agency, board, commission, committee, council, department, district, or any other public body corporate and p…

(a) The purpose of this section is to encourage owners of property to make land available for skateboarding or roller skating activities in areas specifically designed for that purpose. It is recognized that there are certain risks and dangers involved in skateboarding and roller…

Notwithstanding any law to the contrary, any farmer, as an owner, lessee, occupant, or person otherwise in control of land, who allows without compensation another person who is employed by or who is an agent of a nonprofit entity to enter upon the land for the purpose of removin…

(a) Notwithstanding any provision of law to the contrary, no person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team which is organized or performing as a nonprofit or similar en…

(a) For the purpose of this section, the following words have the following meanings: (1) POSSESSOR OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant of real property. (2) TRESPASSER. A person who goes upon the premises of another without permissi…