Title 6 — Title 6

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…

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 of a merchant in violation of Sections 13A-8-3, 13…

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 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 m…

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. History: (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. History: (Acts 1993, N…

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. History: (Code 1852, §2232; Code 1867, §2634; Code 1876, §2983; Code 1886, §2669; Code 1896, §34; Code 1907, §2494; Code 1923, §5706; Code 1…

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,…

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 otherwise, if affidavit is made by the plaintiff of such loss or destruction and the contents thereof and that …

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. History: (Code 1852, §2230; Code 1867, §2632; Code 1876, §2981; Code 1886, §2667; Code 1896, §3288; Code 1907, §5324; Code 19…

When any public officer shall die or in any way go out of office, all actions which shall or would have accrued to him in his official capacity may be commenced by his successor. History: (Code 1923, §5656; Code 1940, T. 7, §82.)

For any breach of an official bond or undertaking of any officer of this state, executor, administrator, or guardian or of any bond or undertaking given in an official capacity to the state or any officer thereof, the person aggrieved may commence an action in his own name, assig…

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 any such party or parties committed such act by or through an agent, servant, or employee acting within th…

In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may be entered for the plaintiff for such of the breaches as he may prove. D…

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. History: (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. History: (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…

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 leakage, seepage, or other release. (2) HAZARDOUS MATERIALS. Inc…

(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 (…

Motor Vehicle. (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 forc…

Motor Vehicle; Public Safety Officials. (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-…

Care Provider Under Certain Circumstances. (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 t…

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, chiropr…

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 providers of health care relatin…

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 which is burning or endang…

(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…

Conduct in the Line of Duty; Certain Employers of Off-Duty Officers to Maintain Liability Coverage. THIS SECTION WAS REPEALED BY ACT 2025-423, EFFECTIVE OCTOBER 1, 2025. History: (Acts 1994, No. 94-640, p. 1200, §§1-3; Act 2016-294, §1; Act 2025-423, §5.)

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…

Employers of Off-Duty Officers to Maintain Liability Coverage. (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 off…

Repealed by Act 2000-680, § 1, 2000 Regular Session, effective August 1, 2000. History: (Act 98-297, p. 484, §§1-4.)

(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…

Trespassers. (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 wit…

(a) As used in this section, property shall mean real property and buildings, structures, and improvements thereon. (b) Any person who unlawfully enters or attempts to enter upon the property of another for the purposes of engaging in criminal conduct, for purposes of civil liabi…

(a) For the purposes of this section, the following terms shall have the following meanings: (1) AGRICULTURAL. As defined in Section 41-14-51. (2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary or other valuable compensation to particip…

Agreements Under Certain Conditions. (a) This section shall be known as and may be cited as the Houston/Hunter Act. (b) For the purposes of this act, the following terms have the following meanings: (1) FEDERAL FIREARMS LICENSEE. Any person who is licensed pursuant to 18 U.S.C. C…