Title 6

Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on which the con…

This article shall only apply to a cause of action which accrues after April 24, 2012. The amendatory provisions of Act 2023-316 shall only apply to causes of action which accrue after August 1, 2023. Pursuant to this article, a cause of action accrues at the time of property dam…

Nothing in this article shall be interpreted or construed to alter or affect the rights of any awarding authority to make a claim against a contractor or to exempt a contractor from compliance with all provisions of contracts between such contractors and an awarding authority. (A…

For purposes of this article the following terms shall have the following meanings: (1) AWARDING AUTHORITY. a. The Alabama Department of Transportation, if the project is either for, or is funded in whole or in part by, the State of Alabama to construct, repair, resurface, refurb…

The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm nor any of its employees that provide construction monitoring services on behalf of an awarding authority relating to the construction, repair, resurfacing, refurbishment, replacement, removal, m…

(a) This article is not applicable to the extent that a professional firm or its employees are engaged by an awarding authority solely to design and/or prepare the engineering plans and specifications for a public or private infrastructure. (b) This article is not applicable to t…

This article may be cited as the “Commonsense Consumption Act.” (Act 2012-556, p. 1636, §1.)

For purposes of this article, the following words have the following meanings: (1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. (2) GENERALLY KNOWN CONDITION ALLEGEDL…

Except as exempted in Section 6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined at Section 201(f) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §321(f), or an association of one or more such entities, sha…

Section 6-5-732 shall not preclude a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food (1) inclu…

(a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following: (1) The statute, rule, or other law of the state or of the United States that alleg…

(a) Nothing in this article shall be construed to create any claim, right of action, or civil liability that did not previously exist under the law of this state. (b) Nothing in this article shall be construed to interfere with any agency’s exclusive or primary jurisdiction to fi…

The provisions of this article shall apply to all covered claims pending on May 23, 2012, and all claims filed thereafter, regardless of when the claim arose. (Act 2012-556, p. 1636, §7.)

This article shall be known and may be cited as the Alabama Commercial Aviation Business Improvement Act of 2013. (Act 2013-73, p. 148, §1.)

(a) The Legislature finds that the recruitment, establishment, development, and growth of the commercial aviation aircraft manufacturing industry in the State of Alabama is important to the economic health of the state and its agencies and institutions and to the general health, …

For purposes of this article, the following definitions shall apply: (1) ACCIDENT. An incident resulting in personal injury, death, or damage to property arising out of or relating to commercial aviation aircraft. (2) AIRCRAFT. The meaning given such term in Section 40102(6) of T…

(a) All actions against a manufacturer in tort, contract, or otherwise for death or injury to person or damage to property arising out of an accident shall be commenced within two years next after a cause of action accrues, and not thereafter. Causes of action for wrongful death …

(a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such cla…

(a) In an action against a manufacturer and one or more other defendants, including other manufacturers, for death or injury to person or damage to property arising out of an accident, the right of the plaintiff to recover jointly and severally against such defendants found liabl…

This article shall apply to any action filed after April 4, 2013. (Act 2013-73, p. 148, §7.)

This article shall be known and may be cited as the Alabama Right of Publicity Act. (Act 2015-188, §1.)

For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, …

(a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciti…

(a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 2022. (b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia …

A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory damages in the amount…

The Legislature finds and declares the following: (1) Providing reasonable protections from the risk and expense of lawsuits to businesses will help encourage businesses to remain open and reopen and that providing such a safe harbor to businesses that operate reasonably consiste…

(a) For purposes of this article, the following terms shall have the following meanings: (1) APPLICABLE PUBLIC HEALTH GUIDANCE. Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the …

(a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or omission of the covered entity. (b)…

(a) This section applies to both of the following causes of action that accrue before the effective date of this article: (1) A health emergency claim for which a court holds that neither Section 6-5-792 nor the liability limiting provisions of any gubernatorial emergency order a…

(a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or tre…

Nothing in this article shall be construed to preempt, remove, displace, repeal, or limit in any way any immunity, defense, or right that exists under existing law that would be applicable to any covered entity in a cause of action filed on or after March 13, 2020. This section c…

This article shall be construed in pari materia with the Emergency Management Act and with any emergency order or proclamation of the Governor relating to Coronavirus and immunity from civil lawsuits. (Act 2021-4, §7.)

A health emergency claim under Section 6-5-792 or a claim under Section 6-5-793 or 6-5-794 must be filed not later than two years after the date of the damages, injury, or death. (Act 2021-4, §8.)

This article does not affect the right of any person to receive or claim benefits otherwise available under the Workers’ Compensation Act. (Act 2021-4, §9.)

The immunity and other provisions provided in this article shall terminate December 31, 2021, or one year after a declared health emergency relating to Coronavirus expires, whichever is later, except that any civil liability arising out of acts or omissions related to health emer…

(a) Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in this chapter, no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity…

(a) Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in this chapter, for the damage to or death of an embryo brought against the manufacturer of goods used to facilitate the in vitro fertilization process or the t…

(a) An individual who commits any of the following crimes is civilly liable to the individual depicted in the relevant image: (1) Distributing a private image, pursuant to Section 13A-6-240. (2) Dissemination, distribution, or public display of child sexual abuse material, pursua…

Civil liability pursuant to Section 6-5-840 shall consist of all of the following: (1) The full actual damages incurred. (2) Court costs and reasonable attorney fees. (3) Punitive damages, if the plaintiff proves by clear and convincing evidence that the defendant consciously or …

The Legislature finds and declares all of the following: (1) Sexual abuse causes significant and lasting harm to individuals and society as a whole. (2) Sexual abuse survivors often experience long-term physical, psychological, and emotional trauma. (3) The State of Alabama has a…

(a) For the purposes of this section, the term “sexual abuse” means any conduct that would constitute a criminal violation of Articles 4, 4A, 4B, 6, 6A, 8, or 11 of Chapter 6 of Title 13A, or any of the offenses listed in Section 15-20A-5, regardless of whether the conduct has le…