reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 20 - Felonious Injury. › Section 6-5-370 - Civil Action Without Criminal Prosecution.

Section 6-5-370
Civil action without criminal prosecution.
For any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured without prosecution of the offender.
(Code 1867, §4423; Code 1876, §2900; Code 1886, §2584; Code 1896, §22; Code 1907, §2481; Code 1923, §5691; Code 1940, T. 7, §113.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 21 - Malicious Act of Minor. › Section 6-5-380 - Liability of Parents for Destruction of Property by Minor; Exception.

Section 6-5-380
Liability of parents for destruction of property by minor; exception.
(a) The parent or parents, guardian, or other person having care or control of any minor under the age of 18 years with whom the minor is living and who have custody of the minor shall be liable for the actual damages sustained, but not exceeding the sum of $1,000, plus the court costs of the action, to any person, firm, association, corporation and the State of Alabama and its political subdivision for all damages proximately caused by the injury to, or destruction of, any property, real, personal or mixed, by the intentional, willful, or malicious act or acts of the minor. Except, approved foster parents of the Department of Human Resources shall not be liable for damages caused by foster children.
(b) Nothing in this section shall be construed to limit the liability of any such parent or parents as the same may now otherwise exist under the laws of the State of Alabama.
(Acts 1965, 2nd Ex. Sess., No. 99, p. 132; Acts 1994, 1st Ex. Sess., No. 94-819, p. 137, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 22 - Injury and Death of Minor. › Section 6-5-390 - Injury to Minor Child.

Section 6-5-390
Injury to minor child.
A father or a mother, provided they are lawfully living together as husband and wife, shall have an equal right to commence an action for an injury to their minor child, a member of the family; provided, however, that in the event such mother and father are not lawfully living together as husband and wife, or in the event legal custody of such minor child has been lawfully vested in either of the parties or some third party, then and in either event the party having legal custody of such minor child shall have the exclusive right to commence such action.
(Code 1852, §2135; Code 1867, §2531; Code 1876, §2898; Code 1886, §2587; Code 1896, §25; Code 1907, §2484; Code 1923, §5694; Code 1940, T. 7, §118; Acts 1979, No. 79-443, p. 725.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 22 - Injury and Death of Minor. › Section 6-5-391 - Wrongful Death of Minor.

Section 6-5-391
Wrongful death of minor.
(a) When the death of a minor child is caused by the wrongful act, omission, or negligence of any person, persons, or corporation, or the servants or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the father and mother are both dead or if they decline to commence the action, or fail to do so, within six months from the death of the minor, the personal representative of the minor may commence an action.
(b) An action under subsection (a) for the wrongful death of the minor shall be a bar to another action either under this section or under Section 6-5-410.
(c) Any damages recovered in an action under this section shall be distributed according to the laws of intestate succession, Article 3 (commencing with Section 43-8-40) of Chapter 8 of Title 43.
(Code 1876, §2899; Code 1886, §2588; Code 1896, §26; Code 1907, §2485; Code 1923, §5695; Code 1940, T. 7, §119; Acts 1995, No. 95-774, p. 1834, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 23 - Death. › Section 6-5-410 - Wrongful Act, Omission, or Negligence Causing Death.

Section 6-5-410
Wrongful act, omission, or negligence causing death.
(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.
(b) The action shall not abate by the death of the defendant, but may be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.
(d) The action must be commenced within two years from and after the death of the testator or intestate.
(e) For any cause of action brought pursuant to this section, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act, omission, or negligence pursuant to Section 6-3-2 or 6-3-7, if the alleged wrongful act, omission, or negligence had not caused death. Nothing in this subsection is intended to override Rule 82 of the Alabama Rules of Civil Procedure.
(f) This section shall only apply to actions filed after June 9, 2011.
(Code 1852, §§1940, 1941; Code 1867, §§2299, 2300; Code 1876, §§2641-2643; Code 1886, §2589; Code 1896, §27; Code 1907, §2486; Acts 1911, No. 455, p. 484; Code 1923, §5696; Code 1940, T. 7, §123; Act 2011-522, p. 838, §§1, 2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 23 - Death. › Section 6-5-411 - Injuries to Decedent's Property Resulting From Wrongful Act, etc., Causing Death.

Section 6-5-411
Injuries to decedent's property resulting from wrongful act, etc., causing death.
(a) The personal representative of a deceased person may commence an action in a court of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such damages as the jury may assess for injuries or damages to the property of the decedent resulting from the same wrongful act, omission, or negligence which caused the death of the decedent, provided the decedent could have commenced such action if the wrongful act, omission, or negligence causing the property damage had not also caused his death.
(b) Such action may be commenced though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence; and it shall not abate by the death of the defendant, but may be revived against his personal representative.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the decedent, but must be distributed according to the statute of distributions.
(Acts 1956, 1st Ex. Sess., No. 113, p. 170.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › 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.

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.
Whenever, either by common law or the statutes of another state or of the United States, a claim, either upon contract or in tort has arisen outside this state against any person or corporation, such claim may be enforceable in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state; provided, however, the courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action based upon such claim originating outside this state; and provided further that, if upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interests of justice, the court must dismiss the action without prejudice. Such dismissal may be conditioned upon the defendant or defendants filing with the court a consent (i) to submit to jurisdiction in the identified forum, or (ii) to waive any defense based upon a statute of limitations if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.
(Acts 1907, Ex. Sess., No. 47, p. 67; Code 1923, §5681; Code 1940, T. 7, §97; Acts 1987, No. 87-182, p. 244.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 25 - Election Between Actions. › Section 6-5-440 - Simultaneous Actions for Same Cause Against Same Party Prohibited.

Section 6-5-440
Simultaneous actions for same cause against same party prohibited.
No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such a case, the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously, and the pendency of the former is a good defense to the latter if commenced at different times.
(Code 1907, §2451; Code 1923, §5657; Code 1940, T. 7, §146.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-460 - Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage.

Section 6-5-460
Abatement - Actions by or against unmarried women not abated upon marriage.
A claim upon which an action has been filed by or against an unmarried woman does not abate on her marriage, but, the marriage being suggested upon the record, the action proceeds in her name acquired by the marriage, and judgment is entered accordingly. If judgment is entered against her, it may be satisfied out of her estate.
(Code 1852, §2150; Code 1867, §2548; Code 1876, §2914; Code 1886, §2602; Code 1896, §37; Code 1907, §2498; Code 1923, §5714; Code 1940, T. 7, §152.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-461 - Abatement - Actions by Informers.

Section 6-5-461
Abatement - Actions by informers.
In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate.
(Code 1907, §2452; Code 1923, §5658; Code 1940, T. 7, §148.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-462 - Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature.

Section 6-5-462
Survival - Claims by and against personal representative in proceedings not of an equitable nature.
In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor.
(Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code 1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150; Acts 1951, No. 737, p. 1290.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-463 - Survival - Real Property Claims to Which Actions Filed.

Section 6-5-463
Survival - Real property claims to which actions filed.
Real property claims with respect to which actions have been filed survive in favor of heirs, devisees, or personal representatives and against heirs, devisees, tenants, or personal representatives according to their respective rights, and the court must direct the record and judgment to be so framed as to secure their rights and declare their respective interests.
(Code 1852, §2158; Code 1867, §2556; Code 1876, §2921; Code 1886, §2601; Code 1896, §36; Code 1907, §2497; Code 1923, §5713; Code 1940, T. 7, §151.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-464 - Survival - Claims Equitable in Nature.

Section 6-5-464
Survival - Claims equitable in nature.
(a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action.
(b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced.
(Acts 1947, No. 709, p. 544.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-465 - Survival - Substitution of Personal Representative Where No Action Filed.

Section 6-5-465
Survival - Substitution of personal representative where no action filed.
If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be effected under the Alabama Rules of Civil Procedure; but final judgment must not be entered against a personal representative if he objects until after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41; Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837; Code 1940, T. 7, §154.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-466 - Revival in Case of Death of One or More Defendants Jointly Sued.

Section 6-5-466
Revival in case of death of one or more defendants jointly sued.
(a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff.
(b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration.
(c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party.
(Code 1867, §§2546, 2547; Code 1876, §§2912, 2913; Code 1886, §2608; Code 1896, §43; Code 1907, §2501; Code 1923, §5717; Code 1940, T. 7, §155.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-481 - Definitions.

Section 6-5-481
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice, including medical professional corporations, associations, and partnerships.
(2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such practice, including professional dental corporations, associations, and partnerships.
(3) MEDICAL INSTITUTION. Any licensed hospital, or any physician's or dentist's office or clinic containing facilities for the examination, diagnosis, treatment, or care of human illnesses.
(4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association.
(5) PHYSICIAN. Any person licensed to practice medicine in Alabama.
(6) DENTIST. Any person licensed to practice dentistry in Alabama.
(7) HOSPITAL. Such institutions as are defined in Section 22-21-21 as hospitals.
(8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services.
(9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient.
(Acts 1975, No. 513, p. 148, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-482 - Limitation on Time for Commencement of Action.

Section 6-5-482
Limitation on time for commencement of action.
(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date.
(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action.
(Acts 1975, No. 513, p. 148, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-483 - Elimination of Ad Damnum Clause in Complaints.

Section 6-5-483
Elimination of ad damnum clause in complaints.
The ad damnum clause in complaints alleging medical liability shall be eliminated. Such complaints, in place of a claim for specific monetary damages, shall contain instead a general claim for relief. However, nothing in this section shall be construed to prohibit or restrict an attorney from requesting or suggesting a specific sum to be awarded during the trial of any medical liability case.
(Acts 1975, No. 513, p. 148, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-484 - Degree of Care Owed to Patient.

Section 6-5-484
Degree of care owed to patient.
(a) In performing professional services for a patient, a physician's, surgeon's, or dentist's duty to the patient shall be to exercise such reasonable care, diligence, and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community.
(b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service.
(Acts 1975, No. 513, p. 148, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-485 - Settlement of Disputes by Arbitration.

Section 6-5-485
Settlement of disputes by arbitration.
(a) After a physician, dentist, medical institution, or other health care provider has rendered services, or failed to render services, to a patient out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract.
(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then, upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(Acts 1975, No. 513, p. 148, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-486 - Optional Method of Payment of Judgments in Excess of $100,000.

Section 6-5-486
Optional method of payment of judgments in excess of $100,000.
Where a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined in Section 6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the court, in its discretion, may order that:
(1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as his attorney's fee.
(2) The remainder of the award shall be paid to the plaintiff in monthly installments in an amount calculated to provide the plaintiff a lifetime income.
(3) If the plaintiff should die before payment of all of said award, the same income shall be paid to the beneficiary of the plaintiff for the remainder of the payments due.
(4) The defendant file a surety bond with the court in an amount equal to the award remaining after the expenses referred to in subdivision (1) of this section have been deducted.
(Acts 1975, No. 513, p. 148, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-487 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable.

Section 6-5-487
Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
(a) In all actions for medical liability, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of cost.
(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.
(Acts 1975, No. 513, p. 148, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-488 - Rules of Evidence and Procedures in Civil Actions Preserved.

Section 6-5-488
Rules of evidence and procedures in civil actions preserved.
All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article.
(Acts 1975, No. 513, p. 148, §13.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-500 - Intent of Legislature; Legislative Findings.

Section 6-5-500
Intent of Legislature; legislative findings.
It is the intent of the Legislature that a comprehensive system consisting of the time for commencement of actions, for discoverability of actions based upon insidious disease and the repose of actions shall be instituted in this state. The Legislature finds that in order to assure the rights of all persons, and to provide for the fair, orderly, and efficient administration of product liability actions in the courts of this state, a complete and unified approach to the time in which product liability actions may be brought and maintained is required. The Legislature finds that product liability actions and litigation have increased substantially, and the cost of such litigation has risen in recent years. The Legislature further finds that these increases are having an impact upon consumer prices, and upon the availability, cost, and use of product liability insurance, thus, affecting the availability of compensation for injured consumers. Therefore, it is the intent of the Legislature to provide a comprehensive time framework for the commencement and maintenance of all product liability actions brought in this state.
(Acts 1979, No. 79-468, p. 855, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-503 - Applicability of Division; Not Retroactive.

Section 6-5-503
Applicability of division; not retroactive.
This division and each section thereof shall apply only to product liability actions, wherein each element accrues after the effective date of this division, and no provision of this division shall have retroactive application.
(Acts 1979, No. 79-468, p. 855, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-504 - Sections, Clauses, etc., of Division Inseparable and Nonseverable.

Section 6-5-504
Sections, clauses, etc., of division inseparable and nonseverable.
It is expressly provided that each section, clause, provision, or portion of this division shall be construed as inseparable and nonseverable from all others, and in the event that any section, clause, provision, or portion of this division shall be held invalid or unconstitutional by any court of competent jurisdiction, the entire division and each section, clause, provision, or portion thereof shall be inoperative and have no effect.
(Acts 1979, No. 79-468, p. 855, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-520 - Intent of Legislature; Legislative Findings; Collateral Source Rule Modified.

Section 6-5-520
Intent of Legislature; legislative findings; collateral source rule modified.
The Legislature finds that product liability litigation has increased substantially and the cost of such litigation has risen in recent years. The Legislature further finds that these increases have an impact upon the price and availability of products. It is the belief of the Legislature that there are special reasons for modifying the collateral source rule in this state as it applies to product liability actions. The Legislature finds that the recovery by plaintiffs of medical and hospital expenses as damages where plaintiffs are reimbursed for the same medical and hospital expenses from other sources contributes to the increase in the cost of product liability litigation. It is the intent of the Legislature that plaintiffs be compensated fully for any medical or hospital expenses incurred as a result of injuries sustained from a breach of product liability laws, but that plaintiffs not receive compensation more than once for the same medical and hospital expenses.
(Acts 1979, No. 79-476, p. 876, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-522 - Evidence of Medical Expense Reimbursement Mitigates Damages; Cost of Obtaining Reimbursement Recoverable.

Section 6-5-522
Evidence of medical expense reimbursement mitigates damages; cost of obtaining reimbursement recoverable.
In all product liability actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff's medical or hospital expenses have been or will be paid or reimbursed (1) by medical or hospital insurance, or (2) pursuant to the medical and hospital payment provisions of law governing workmen's compensation, shall be admissible as competent evidence in mitigation of such medical or hospital expense damages. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses. Such portion of the costs of obtaining reimbursement or payment of medical or hospital expenses as the trier of fact finds is reasonably related to the reimbursement or payment received or to be received by the plaintiff shall be a recoverable item of such damages for medical or hospital expenses.
(Acts 1979, No. 79-476, p. 876, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-523 - Reimbursement for Medical Expenses Discoverable.

Section 6-5-523
Reimbursement for medical expenses discoverable.
In all product liability actions information respecting reimbursement or payment obtained or which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(Acts 1979, No. 79-476, p. 876, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-524 - Evidence of Reimbursement Inadmissible if Recipient Must Repay.

Section 6-5-524
Evidence of reimbursement inadmissible if recipient must repay.
Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, no evidence relating to such reimbursement or payment not otherwise admissible shall be admissible as a result of this division.
(Acts 1979, No. 79-476, p. 876, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-525 - Prior Rights Not Affected.

Section 6-5-525
Prior rights not affected.
This division shall not affect any rights which have accrued prior to July 30, 1979.
(Acts 1979, No. 79-476, p. 876, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28A - Manufacturer Liability. › Section 6-5-530 - Liability for Damages.

Section 6-5-530
Liability for damages.
(a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability asserted, the plaintiff must prove, among other elements, that the defendant designed, manufactured, sold, or leased the particular product the use of which is alleged to have caused the injury on which the claim is based, and not a similar or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified as having been used, ingested, or encountered by an allegedly injured party may not be held liable for any alleged injury. A person, firm, corporation, association, partnership, or other legal or business entity whose design is copied or otherwise used by a manufacturer without the designer's express authorization is not subject to liability for personal injury, death, or property damage caused by the manufacturer's product, even if use of the design is foreseeable.
(b) This section is not intended in any way to alter or affect any other principle of law, including those that apply under the Alabama Medical Liability Act, Section 6-5-540 et seq.; those that apply to successor entities, distributors, component manufacturers, or manufacturers who use component parts in assembling products for sale as complete units; or those that apply to the operation of a contract, including a licensing agreement.
(Act 2015-106, §§1, 2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-540 - Legislative Intent.

Section 6-5-540
Legislative intent.
It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance with the previous declaration of Legislature contained in Act 513 of the Regular Session of the 1975 Alabama Legislature it is the declared intent of this Legislature to insure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden upon those who can least afford such increases, and that the threat of such actions contributes to expensive medical procedures to be performed by physicians and other health care providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential medical services caused by the threat of such litigation constitutes a danger to the health and safety of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of health care and to insure its continued availability. Additionally, the Legislature finds that the increasing threat of legal actions for alleged medical injury has resulted in a limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of the defendant health care provider through the interjection of evidence of insurance, the Legislature finds that the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider.
(Acts 1987, No. 87-189, p. 261, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-541 - Short Title; Construction.

Section 6-5-541
Short title; construction.
This article may be cited and known as "The Alabama Medical Liability Act of 1987" and is intended to supplement "The Alabama Medical Liability Act," Act No. 513 of the 1975 Regular Session of the Alabama Legislature. The provisions of this article shall be construed so as to be consistent with Act No. 513 of the 1975 Regular Session of the Alabama Legislature and the legislative intent stated herein.
(Acts 1987, No. 87-189, p. 261, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-542 - Definitions.

Section 6-5-542
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) HEALTH CARE PROVIDER. A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481.
(2) STANDARD OF CARE. The standard of care is that level of such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in like cases. A breach of the standard of care is the failure by a health care provider to comply with the standard of care, which failure proximately causes personal injury or wrongful death. This definition applies to all actions for injuries or damages or wrongful death whether in contract or tort and whether based on intentional or unintentional conduct.
(3) FUTURE DAMAGES. Damages for future medical treatment, care, or custody, loss of future earnings, future loss of earning capacity, future loss of bodily function, future loss of consortium, or future pain and suffering.
(4) PERIODIC PAYMENT. The payment of money or delivery of other property to the judgment creditor at regular intervals.
(5) SUBSTANTIAL EVIDENCE. Substantial evidence is that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed.
(Acts 1987, No. 87-189, p. 261, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-544 - Recovery of Noneconomic Losses; Limitation of Such Losses; Mistrial if Jury Advised of Limitation.

Section 6-5-544
Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation.
(a) In any action for injury whether in contract or in tort against a health care provider based on a breach of the standard of care, the injured plaintiff and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other nonpecuniary damage.
(b) In no action shall the amount of recovery for noneconomic losses, including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not seek recovery in any amount greater than the amounts described herein for noneconomic losses. During the trial of any action neither the court nor any party shall advise or infer to the jury that it may not return an award for noneconomic losses in excess of an amount specified herein; in the event the jury is so advised or such inference is made, the trial court, upon motion of an opposing party, shall immediately declare a mistrial. Any verdict returned which includes an award for noneconomic losses in an amount greater than that permitted herein shall be reduced by the trial court to an amount which will include an award of noneconomic losses no greater than that permitted herein or to such lesser sums as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts.
(Acts 1987, No. 87-189, p. 261, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-545 - Evidence Admissible That Medical Expenses Will Be Reimbursed; Information Subject to Discovery.

Section 6-5-545
Evidence admissible that medical expenses will be reimbursed; information subject to discovery.
(a) In all actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff's medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.
(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.
(Acts 1987, No. 87-189, p. 261, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-546 - Venue of Actions; Transfer.

Section 6-5-546
Venue of actions; transfer.
In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the act or omission constituting the alleged breach of the standard of care by the defendant actually occurred. If plaintiff alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's death did not result from acts or omissions which took place in more than one county, on motion of any defendant the court shall transfer the action to such county wherein the alleged acts or omissions actually occurred. For the convenience of parties and witnesses, in the interest of justice, a court may transfer any action to any other county where it might have been brought hereunder and/or may order a separate trial as to any claim or party.
(Acts 1987, No. 87-189, p. 261, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-547 - One Million Dollar Limit on Judgments; Mistrial if Jury Advised of Limitation.

Section 6-5-547
One million dollar limit on judgments; mistrial if jury advised of limitation.
In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against a health care provider whether in contract or in tort based on a breach of the standard of care the amount of any judgment entered in favor of the plaintiff shall not exceed the sum of $1,000,000. Any verdict returned in any such action which exceeds $1,000,000 shall be reduced to $1,000,000 by the trial court or such lesser sum as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts. During the trial of any action brought pursuant to Section 6-5-391 or 6-5-410 neither the court nor any party shall advise or infer to the jury that it may not return a verdict in excess of $1,000,000; in the event the jury is so advised or such inference is made the court, upon motion of an opposing party, shall immediately declare a mistrial. The maximum amount payable under this section, $1,000,000, shall be adjusted on April fifteenth of each year to reflect any increase or decrease during the preceding calendar year in the Consumer Price Index of the United States Department of Commerce. Said adjustment shall equal the percentage change in the Consumer Price Index during the preceding calendar year.
(Acts 1987, No. 87-189, p. 261, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › 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
Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury.
In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care, the minimum standard of proof required to test the sufficiency of the evidence to support any issue of fact shall be proof by substantial evidence. In all such actions, whether arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings or motions filed in such actions testing the sufficiency of the evidence to support an issue of fact, including, but not limited to, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings respecting the sufficiency of the evidence, the standard of proof required shall be proof by substantial evidence. In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury shall be reasonably satisfied by substantial evidence that the health care provider failed to comply with the standard of care and that such failure probably caused the injury or death in question.
(Acts 1987, No. 87-189, p. 261, §10; Acts 1996, No. 96-511, p. 650, §3.)