Alabama
Alabama Punitive Damages Laws: Cap, Proof and Wrongful Death (2026)
Independently fact-checked against primary sources (last audited October 18, 2026). · 31 primary sources cited on this page. How we verify our legal content

Alabama allows punitive damages in a tort action only when it is "proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff" (Ala. Code 6-11-20(a)). Ala. Code 6-11-21 generally limits an award to three times the claimant's compensatory damages or $500,000, whichever is greater ($1,500,000 in physical-injury cases, with a separate limit for small businesses and inflation adjustments to the fixed sums), but the limits do not apply to wrongful death actions, intentional infliction of physical injury or class actions.
Wrongful death is the big exception in Alabama. The Alabama Supreme Court has held that the damages recoverable in a wrongful death action "are punitive in nature" (Tatum v. Schering Corp., 1988), and the punitive damages article of the Code says it does not apply to those actions. For how other states handle these questions, see punitive damages laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Alabama state law on punitive damages in civil cases: Article 2 of Chapter 11 of Title 6 of the Code of Alabama (6-11-20 to 6-11-30), the related verdict and judgment sections (6-11-1, 6-11-3), the wrongful death rule from Tatum v. Schering Corp., and the other statutes and decisions named below. It does not cover compensatory or noneconomic damages in medical malpractice cases (see Alabama medical malpractice law), wrongful death deadlines and procedure (see Alabama wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.
Does Alabama allow punitive damages?
Yes, within limits the Code sets. Punitive damages are a remedy Alabama law already recognized; the statute regulates them but says it creates nothing new. Section 6-11-20(a) provides that "nothing contained in this article is to be construed as creating any claim for punitive damages which is not now present under the law of the State of Alabama," and 6-11-28 adds that nothing in the article grants or creates "a cause of action or right to recover punitive damages."
The core rule in 6-11-20(a) is a prohibition with two openings:
"Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff."
So outside wrongful death, a plaintiff needs a tort action and the clear-and-convincing showing. Punitive damages are also barred against the State and local governments (covered below) and limited by several claim-specific statutes.
What must be proven
The conduct. The defendant must have "consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff." Section 6-11-20(b) defines each term "as used in this article":

- Fraud: "An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury."
- Malice: "The intentional doing of a wrongful act without just cause or excuse, either: a. With an intent to injure the person or property of another person or entity, or b. Under such circumstances that the law will imply an evil intent."
- Wantonness: "Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others."
- Oppression: "Subjecting a person to cruel and unjust hardship in conscious disregard of that person's rights."
The burden. Clear and convincing evidence is evidence that "will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion." The statute adds that it "requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt" (6-11-20(b)(4)).
Each defendant on its own conduct. Except as 6-11-27 provides for employers, no defendant is liable for punitive damages "unless that defendant has been expressly found by the trier of fact to have engaged in conduct, as defined in Section 6-11-20, warranting punitive damages," and then only for punitive damages "commensurate with that defendant's own conduct" (6-11-21(e)).
Is there a cap on punitive damages in Alabama?
Yes, for most cases. Section 6-11-21 sets three limits, each measured by the greater of two numbers:
| Type of case | Limit in 6-11-21 |
|---|---|
| General rule (6-11-21(a)) | Three times the compensatory damages of the party claiming punitive damages, or $500,000, whichever is greater |
| Physical injury (6-11-21(d)) | Three times the compensatory damages of the party claiming punitive damages, or $1,500,000, whichever is greater |
| Small business defendant (6-11-21(b), (c)) | $50,000 or 10 percent of the business's net worth, whichever is greater; a small business has a net worth of $2,000,000 or less "at the time of the occurrence made the basis of the suit" |
| Wrongful death, intentional infliction of physical injury (6-11-21(j)) | The section does not apply |
| Class actions (6-11-21(h)) | The section does not apply |
The small-business limit applies "except as provided in subsections (d) and (j)," the physical-injury and wrongful death subsections. "Physical injury" means "actual injury to the body of the claimant proximately caused by the act complained of"; it does not include physical symptoms of mental anguish or emotional distress when those symptoms are caused by, rather than the cause of, the mental suffering (6-11-21(k)).
Inflation adjustment. The $500,000, $1,500,000 and $50,000 figures are not frozen. Under 6-11-21(f), "those sums shall be adjusted as of January 1, 2003, and as of January 1 at three-year intervals thereafter, at an annual rate in accordance with the Consumer Price Index rate." The statute itself does not print the adjusted amounts.
The jury is not told. "The jury may neither be instructed nor informed as to the provisions of this section" (6-11-21(g)), and mentioning the limits in front of the jury "is not permissible and shall be ground for a mistrial" (6-11-22).
Courts still review every award. The cap does not limit "the duty of the court, or the appellate courts, to scrutinize all punitive damage awards, ensure that all punitive damage awards comply with applicable procedural, evidentiary, and constitutional requirements, and to order remittitur where appropriate" (6-11-21(i)).
The older cap that was struck down. In Henderson v. Alabama Power Co., 627 So. 2d 878 (Ala. 1993), the Alabama Supreme Court held the earlier version of 6-11-21, which used a $250,000 limit, unconstitutional and reinstated the full jury verdict. The current text of 6-11-21, with the three-times and $500,000 formulas, comes from Act 99-358 (1999). Henderson concerned the earlier text.
Medical malpractice. Section 6-5-544(b) still prints a $400,000 limit on noneconomic losses "including punitive damages" in medical liability cases, but the Alabama Supreme Court held that limit unconstitutional in Moore v. Mobile Infirmary Ass'n, 592 So. 2d 156 (Ala. 1991). Section 6-11-21 applies by its terms to all civil actions other than those it excludes. For other malpractice damages rules, see Alabama medical malpractice law.
Claim-specific limits. Some statutes outside Article 2 set their own measure for punitive or exemplary damages on a particular claim:
- Trade secrets: exemplary damages "in an amount not to exceed the actual award made under subdivision (1), but not less than ten thousand dollars ($10,000), if willful and malicious misappropriation exists" (8-27-4(a)(3)).
- Bad-faith patent assertions: exemplary damages "equal to fifty thousand dollars ($50,000) or three times the total of damages, costs, and fees, whichever is greater" (8-12A-2(d)(4)).
- Deceptive prize solicitations: damages "shall not exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater" (8-19D-2(b)).
- Illegally reproduced recordings: punitive damages "of not more than three times the amount of the total cost of producing the illegally recorded material" (13A-8-85(a)).
- Wrongful removal of occupants: a person harmed may recover "punitive damages of triple the fair market rent of the dwelling" (35-9B-6, Act 2024-237).
- Human trafficking: the court may award punitive damages, and "treble damages shall be awarded on proof of actual damages where defendant's acts were willful and malicious" (13A-6-157(c)).
- Marshall County equipment overcharges: a local act provides "punitive damages in the sum of one thousand dollars ($1,000)," recoverable by the county (45-48-70.20).
Does Alabama take a share of the award?
No. Section 6-11-21(l) provides: "No portion of a punitive damage award shall be allocated to the state or any agency or department of the state."
Wrongful death: punitive damages only
Wrongful death works differently in Alabama. The wrongful death statute lets a personal representative "recover such damages as the jury may assess" (6-5-410(a)); it does not itself use the word punitive. The punitive character comes from the Alabama Supreme Court. Answering certified questions in Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988), the court stated:
"In answer to each of the questions, we opine that the damages recoverable in a wrongful death action are punitive in nature, as Question One correctly assumes, and that in a wrongful death action filed against joint tort-feasors, a plaintiff is entitled to a single recovery that will represent the total amount of punitive damages the jury may assess for the wrongful death."
Article 2 does not apply. Section 6-11-29 provides that the punitive damages article "shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended." Section 6-11-20(a) carves wrongful death out of its clear-and-convincing rule, and 6-11-21(j) says the cap section "shall not apply to actions for wrongful death." The itemization rule for tort verdicts in 6-11-1 also excepts wrongful death actions.
Other statutes that recognize the rule. The insurance guaranty association statute excludes punitive awards from covered claims "except for punitive damages awarded under the Alabama Wrongful Death Act" (27-42-5(7)c.), and in COVID-19 health emergency claims, "a party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages" (6-5-792(d)).
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" (6-5-410(c)). Federal tax law generally treats punitive damages as taxable income but contains an exception in 26 U.S.C. 104(c) for wrongful death actions in states whose law, as in effect on September 13, 1995, provided or had been construed by a court to provide that only punitive damages may be awarded; the personal injury settlement amounts guide covers taxes. Who may sue and the filing deadline are on the Alabama wrongful death page.
Does insurance pay punitive damages in Alabama?
Insurance coverage. In American Fidelity & Casualty Co. v. Werfel, 230 Ala. 552, 162 So. 103 (1935), the injured party had a personal-injury judgment for willful or wanton conduct that included punitive damages, and the Alabama Supreme Court held that the defendant's liability policy, being broad enough to cover personal injury or death, reached it. The court reasoned that the policy would cover a wrongful death recovery, which "would have been for punitive damages purely," and stated: "It may not be successfully contended that the policy did not protect against punitive damages for bodily injuries so inflicted." The holding rested on the wording of that policy.
Employers and other principals
Alabama limits when an employer answers in punitive damages for an employee's conduct. Under 6-11-27(a), a principal, employer or master "shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, or servant" unless it:
- "knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others"; or
- "authorized the wrongful conduct"; or
- "ratified the wrongful conduct";
or unless the agent's acts "were calculated to or did benefit the principal, employer, or other master," except where the plaintiff knowingly participated with the agent to commit fraud or wrongful conduct with full knowledge of its import.
Alcohol vendors. Section 6-11-27(b) preserves "recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment." Separately, the dram shop statute gives an injured spouse, child, parent or other individual "a right of action for all damages actually sustained as well as exemplary damages against any person who knowingly sells, furnishes, or serves alcoholic beverages to an individual contrary to the provisions of law, who was visibly intoxicated," when the sale is the proximate cause of the injury (6-5-71(a)(1)).
Government defendants and public boards
Section 6-11-26 provides: "Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto."
Members and employees of the Public Employees' Health Insurance Board "shall not be liable for punitive damages for acts arising out of the good faith performance of their duties in administering the health insurance plan" (16-25A-3).
Other claim-specific rules
Libel. "Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication" unless the plaintiff proves both that the publication was made "with knowledge that the matter published was false, or with reckless disregard of whether it was false or not," and that five days before suing the plaintiff made a written demand for a public retraction that the defendant failed or refused to publish within five days, "in as prominent and public a place or manner" as the original (6-5-186). For the underlying claim, see Alabama defamation laws.

COVID-19 health emergency claims (Act 2021-4). Where liability is established and the acts or omissions "do not result in serious physical injury," a covered entity or health care provider is limited to "actual economic compensatory damages" and "in no event shall" be liable for noneconomic or punitive damages (6-5-792(c), 6-5-794(c)). For causes of action covered by 6-5-793, a covered entity is not liable for punitive damages, but the section "does not prohibit an award of punitive damages for wrongful death claims, but no other damages shall be allowed for such claims" (6-5-793(b)(2), (3)).
LP-gas dealers. Outside wrongful death cases under 6-5-391 and 6-5-410, an LP-gas dealer is not subject to punitive or exemplary damages "except upon a showing by clear and convincing evidence of gross negligence or willful or wanton misconduct" (9-17-109(f)).
Bar pilots. A bar pilot's $5,000 liability limit does not apply where "liability exists for exemplary or punitive damages for willful, intentional, or reckless misconduct for which no other person is jointly or severally liable," or where the loss was caused by willful, intentional or reckless misconduct (33-4A-26(b)).
How the amount is decided and reviewed
Itemized verdicts. In tort actions and personal-injury warranty actions other than wrongful death, the factfinder itemizes past damages, future damages and punitive damages (6-11-1). Actions against health care providers for breach of the standard of care use the same three categories (6-5-543(a)). Judgment is then entered "for all past damages and punitive damages assessed against the defendant by the trier of fact" (6-11-3(1)).
No separate trial phase in the statute. Article 2 (6-11-20 to 6-11-30) contains no provision for trying punitive damages in a separate phase.
Post-verdict hearing. "In all cases wherein a verdict for punitive damages is awarded, the trial court shall, upon motion of any party, either conduct hearings or receive additional evidence, or both, concerning the amount of punitive damages" (6-11-23(b)). Admissible evidence includes the economic impact of the verdict on the defendant or the plaintiff, the amount of compensatory damages, whether the defendant has committed the same or similar acts in the past, any effort the defendant made to remedy the wrong, and the opportunity the plaintiff gave the defendant to remedy it. As printed, 6-11-23(b) also provides that this information is not subject to discovery, unless otherwise discoverable, until after a punitive verdict. After the hearing, the last sentence of 6-11-23(b) directs the trial court to "independently" reassess the nature, extent and economic impact of the award and reduce or increase it if appropriate in light of all the evidence.
Parts of the review statutes were struck down. The Code still prints 6-11-23(a) and 6-11-24(a); 6-11-24(a) reads "On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded." In Armstrong v. Roger's Outdoor Sports, Inc., 581 So. 2d 414 (Ala. 1991), the Alabama Supreme Court held: "In summary, we hold that § 6-11-23(a), § 6-11-24(a), and the parenthetical phrase in the last sentence of § 6-11-23(b) are unconstitutional. Section 6-11-24(b) and the remaining portion of § 6-11-23(b) are constitutional as construed herein." The struck parenthetical is the phrase "(without any presumption that the award of punitive damages is correct)" in the last sentence of 6-11-23(b). Section 6-11-24(b), which survived, directs the appellate court to "independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evidence." Armstrong held that "independently" in 6-11-24(b) and 6-11-23(b) means judges act "free from improper influences," not independently of the jury's findings, and it remanded for the trial court to reconsider the verdict "in light of the appropriate presumption of correctness of the jury verdict."
Factors for excessiveness. In Green Oil Co. v. Hornsby, 539 So. 2d 218 (Ala. 1989), the Alabama Supreme Court listed factors a trial court could consider in deciding whether a punitive award is excessive or inadequate: a reasonable relationship to the harm likely to occur and the harm that actually occurred; the degree of reprehensibility; whether the conduct was profitable, in which case "the punitive damages should remove the profit and should be in excess of the profit"; the defendant's financial position; all the costs of litigation; criminal sanctions imposed for the same conduct, in mitigation; and other civil actions against the defendant for the same conduct, also in mitigation.
Reasons on the record. Under Hammond v. City of Gadsden, 493 So. 2d 1374 (Ala. 1986), a trial court must state on the record its reasons for reducing a verdict as excessive or refusing to do so. In Envoy Air, Inc. v. Creagh (Ala. Oct. 16, 2026), where the trial court had denied a remittitur motion without comment, the Alabama Supreme Court remanded "with instructions for that court to provide written findings in support of its refusal to remit both the compensatory damages and the punitive damages."
Courts keep their ordinary powers. "Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial" (6-11-25). The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Alabama verdicts; the punitive damages hub explains them.
Alabama punitive damages at a glance
| Question | Alabama rule | Source |
|---|---|---|
| Source of the remedy | Existing Alabama law, regulated by statute; the article creates no new claim | Ala. Code 6-11-20(a), 6-11-28 |
| Conduct standard | Conscious or deliberate oppression, fraud, wantonness or malice, each defined | 6-11-20(a), (b) |
| Burden of proof | Clear and convincing evidence (not required by the article in wrongful death) | 6-11-20(a), (b)(4) |
| General cap | Generally the greater of 3x compensatory damages or $500,000, inflation-adjusted | 6-11-21(a), (f) |
| Physical injury cap | Greater of 3x compensatory damages or $1,500,000, inflation-adjusted | 6-11-21(d), (f), (k) |
| Small business | Generally the greater of $50,000 or 10% of net worth (net worth $2,000,000 or less) | 6-11-21(b), (c) |
| No cap | Wrongful death, intentional infliction of physical injury, class actions | 6-11-21(h), (j) |
| Claim-specific limits | For example trade secrets, patent bad faith, prize solicitations, wrongful removal | 8-27-4, 8-12A-2, 8-19D-2, 35-9B-6 |
| State share | None | 6-11-21(l) |
| Wrongful death | Damages are punitive in nature; Article 2 does not apply | Tatum (Ala. 1988); 6-11-29 |
| Employer liability | Only on listed grounds; retail alcohol vendors excepted | 6-11-27 |
| Government defendants | Barred, except Medical Liability Act entities | 6-11-26 |
| Separate punitive phase | No provision in Article 2 | 6-11-20 to 6-11-30 |
| Review of amount | Post-verdict hearing on motion; trial and appellate reassessment, with the jury verdict presumed correct | 6-11-23(b), 6-11-24(b); Armstrong (Ala. 1991) |
Recent changes
Alabama's general punitive damages article dates from Act 87-185 (1987), and the current text of the cap section comes from Act 99-358 (1999). More recent changes are claim-specific: Act 2021-4 limited punitive damages in COVID-19 health emergency claims (6-5-792 to 6-5-794), Act 2023-25 amended the dram shop statute (6-5-71), and Act 2024-237 created the wrongful removal remedy with punitive damages of triple the fair market rent (35-9B-6).
Related pages
- Punitive damages laws by state
- Alabama wrongful death law
- Alabama medical malpractice law
- Alabama defamation laws
This article provides general legal information about Alabama punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Alabama.
Last updated: 2026-10-18.
Frequently Asked Questions
Does Alabama allow punitive damages?
Yes. Under Ala. Code 6-11-20(a), punitive damages may be awarded in wrongful death actions and in a tort action where clear and convincing evidence shows the defendant consciously or deliberately engaged in oppression, fraud, wantonness or malice with regard to the plaintiff.
Is there a cap on punitive damages in Alabama?
Generally yes. Ala. Code 6-11-21 limits most awards to the greater of three times compensatory damages or $500,000, or $1,500,000 in physical-injury cases, with a separate small-business limit and inflation adjustments to the fixed sums. The cap does not apply to wrongful death, intentional infliction of physical injury or class actions, and some claim-specific statutes set their own limits.
What is the standard of proof for punitive damages in Alabama?
Clear and convincing evidence, defined in Ala. Code 6-11-20(b)(4) as proof producing a firm conviction as to each essential element and a high probability as to the correctness of the conclusion; it is more than a preponderance and less than beyond a reasonable doubt. The article does not apply this rule to wrongful death actions.
Are punitive damages available in an Alabama wrongful death case?
Yes. The Alabama Supreme Court held in Tatum v. Schering Corp. (1988) that the damages recoverable in a wrongful death action are punitive in nature, and Ala. Code 6-11-29 provides that the punitive damages article, including the 6-11-21 cap, does not pertain to wrongful death actions under 6-5-391 and 6-5-410.
Does Alabama take part of a punitive damages award?
No. Ala. Code 6-11-21(l) provides that no portion of a punitive damage award shall be allocated to the state or any agency or department of the state.
Are punitive damages available against the government in Alabama?
Generally no. Ala. Code 6-11-26 bars punitive damages against the State of Alabama, its counties and municipalities, and their agencies, except entities covered under the Medical Liability Act.
Are punitive damages available in an Alabama libel case?
Only if the plaintiff proves the defendant published with knowledge of falsity or reckless disregard of whether it was false, and that a written demand for a public retraction was made five days before suit and the defendant failed or refused to publish a full and fair retraction within five days (Ala. Code 6-5-186).
Was Alabama's punitive damages cap struck down?
An earlier version was. In Henderson v. Alabama Power Co. (1993), the Alabama Supreme Court held the earlier version of 6-11-21, with its $250,000 limit, unconstitutional. The current 6-11-21, with the three-times and $500,000 formulas, comes from Act 99-358 (1999).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Alabama 1975, Title 6: Civil Practice.
§ 6-11-21Punitive Damages Not to Exceed Certain Limits.In forcecited in 3 of our articles
(a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater. (b) Except as provided in subsections (d) and (j), in all civil actions where entitlement to punitive damages shall have been established under applicable law against a defendant who is a small business, no award of punitive damages shall exceed fifty thousand dollars ($50,000) or 10 percent of the business’ net worth, whichever is greater. (c) “Small business” for purposes of this section means a business having a net worth of two million dollars ($2,000,000) or less at the time of the occurrence made the basis of the suit.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Henderson by Hartsfield v. Alabama Power (Supreme Court of Alabama 1993, 627 So. 2d 878)“…in excess of $250,000," challenged the constitutionality of Ala.Code 1975, § 6-11-21, which, subject to enumerated exception…”
- Oliver v. Towns (Supreme Court of Alabama 1999, 738 So. 2d 798)“…ss of the punitive award over the $250,000 cap contained in Ala. Code 1975, 6-11-21 . She also filed a motion for recusal o…”
- Ex Parte Giles (Supreme Court of Alabama 1994, 632 So. 2d 577)“…r Co., 627 So.2d 878 (Ala.1993), in which we held that Ala.Code 1975, § 6-11-21, which limited to $250,000 an award of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Wrongful Death Laws (2026): Deadlines, Alabama Car Accident Laws: Fault, Insurance, and Your Claim
§ 6-11-20Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions.In force
(a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff. Nothing contained in this article is to be construed as creating any claim for punitive damages which is not now present under the law of the State of Alabama. (b) As used in this article, the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury. (2) MALICE. The intentional doing of a wrongful act without just cause or excuse, either: a. With an intent to injure the person or property of another person or entity, or b. Under such circumstances that the law will imply an evil intent. (3) WANTONNESS.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-23No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evidence; Trial Court to Independently Reassess Award of Punitive Damages.In force
(a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact. (b) In all cases wherein a verdict for punitive damages is awarded, the trial court shall, upon motion of any party, either conduct hearings or receive additional evidence, or both, concerning the amount of punitive damages. Any relevant evidence, including but not limited to the economic impact of the verdict on the defendant or the plaintiff, the amount of compensatory damages awarded, whether or not the defendant has been guilty of the same or similar acts in the past, the nature and the extent of any effort the defendant made to remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant to remedy the wrong complained of shall be admissible; however, such information shall not be subject to discovery, unless otherwise discoverable, until after a verdict for punitive damages has been rendered.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-27Principal, Master, Etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, Etc.; Exceptions.In force
(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, or servant of said principal, employer, or master unless the principal, employer, or master either: (i) knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others; or (ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master, except where the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the import of his act. (b) Nothing contained in this section shall be construed to prevent recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-26No Punitive Damages Awarded Against State or Agency Thereof.In force
Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-29Wrongful Death Actions Not Affected.In force
This article shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-5-410Wrongful Act, Omission, or Negligence Causing Death.In forcecited in 6 of our articles
(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.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 156 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Alabama Power Co. v. Turner (Supreme Court of Alabama 1991, 575 So. 2d 551)“…contends that the exception of wrongful death actions from Ala.Code 1975, §§ 6-5-410 and -411, violates its equal protection…”
- Pace v. Armstrong World Industries, Inc. (Supreme Court of Alabama 1991, 578 So. 2d 281)“…not caused death") is consistent with my interpretation of Ala. Code 1975, § 6-5-410 (a), in Tatum v. Schering Corp. , 52…”
- King v. National Spa and Pool Institute (Supreme Court of Alabama 1992, 607 So. 2d 1241)“…the original complaint to add a wrongful death claim under Ala.Code 1975, § 6-5-410, against all defendants. The case conti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Alabama (2026): Deadlines & Liability, Alabama Statute of Limitations: Filing Deadlines by Case Type, Medical Malpractice Laws in Alabama (2026): Deadlines & Caps
§ 6-5-544Recovery of Noneconomic Losses; Limitation of Such Losses; Mistrial If Jury Advised of Limitation.In forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2000
Opinions citing this section in our collection:
- Moore v. Mobile Infirmary Ass'n (Supreme Court of Alabama 1991, 592 So. 2d 156)“…x hundred thousand dollars." The trial judge, pursuant to Ala.Code 1975, § 6-5-544(b), reduced the amount of the award of…”
- Henderson by Hartsfield v. Alabama Power (Supreme Court of Alabama 1993, 627 So. 2d 878)“…Ass'n, 592 So.2d 156 (Ala. 1991), this Court held that Ala.Code 1975, § 6-5-544(b), which limited to $400,000 the amoun…”
- Smith v. Schulte (Supreme Court of Alabama 1995, 671 So. 2d 1334)“…1991), in which four Justices of this Court concluded that Ala.Code 1975, § 6-5-544(b), [1] violated the equal protection…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 6-11-1Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value.In force
In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be itemized as follows: (1) Past damages. (2) Future damages. (3) Punitive damages. The factfinder shall not reduce any future damages to present value. Where the court determines that any one or more of the above categories is not recoverable in the action, those categories shall be omitted from the itemization.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-3Future Damages; Requirements If Damages Greater Than $150,000; Attorney’s Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidence of Present Value Inadmissible.In force
Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case: (1) Judgment shall be entered against the defendant for all past damages and punitive damages assessed against the defendant by the trier of fact. (2) If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages. (3) If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall be entered against the defendant for $150,000 of such future damage. b.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-24No Presumption of Correctness to Apply to Damages on Appeal.In force
(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded. (b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evidence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-25Ability of Court to Set Aside Damages Not Limited.In force
Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-11-28No Cause of Action Created.In force
Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-5-71Right of Action for Injuries Resulting from the Illegal Furnishing of Alcoholic Beverages.In force
(a)(1) A person who sells, furnishes, or serves alcoholic beverages to an individual of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of that individual, including injury or death to other individuals; provided, however, every spouse, child, parent, or other individual who shall be injured in person, property, or means of support by any intoxicated individual shall have a right of action for all damages actually sustained as well as exemplary damages against any person who knowingly sells, furnishes, or serves alcoholic beverages to an individual contrary to the provisions of law, who was visibly intoxicated, when the sale, furnishing, or serving is the proximate cause of such injury or damage. (2) For purposes of this section, “knowingly” means knew or should have known under the circumstances. (b) Upon the death of any party, the action or right of action will survive to or against the party’s personal representative.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-5-186Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel.In forcecited in 2 of our articles
Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1997
Opinions citing this section in our collection:
- Barnette v. Wilson (Supreme Court of Alabama 1997, 706 So. 2d 1164)“…ward of punitive damages, however, is quite another matter. Ala. Code 1975, § 6-5-186 , provides: "Vindictive or punitive…”
- Katopodis v. Pope (Supreme Court of Alabama 1989, 542 So. 2d 1229)“…mmary judgment on Katopodis’s claim for punitive damages. Ala.Code 1975, § 6-5-186, provides that punitive damages are not…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Defamation Laws: Libel, Slander & Suing (2026)
§ 6-5-543Damages 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.In force
(a) In any action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care the damages assessed by the trier of fact shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier of fact shall not reduce any future damages to present value. If the trial court determines that any one or more of the above categories is not recoverable in the action, that category or categories shall be omitted from the itemization. (b) Where the damages assessed against a defendant or defendants by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case: (1) Judgment shall be entered against the defendants for all past damages and punitive damages assessed against the defendants by the trier of fact; (2)a. If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages. b.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-5-792Liability of Covered Entity for Damages, Injury, or DeathIn force
(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) Subsection (a) does not apply if the claimant proves by clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct. (c) In those instances where liability is established as required by subsection (b), and the acts or omissions do not result in serious physical injury, a covered entity’s liability shall be limited to actual economic compensatory damages, and in no event shall the covered entity be liable for noneconomic or punitive damages. (d) A party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-5-793Liability of Covered Entity for Negligence, Premises Liability, Etc., Under Certain Claims or Causes of Action.In force
(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 applies. (2) Any cause of action relating to an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic, for which a court holds that neither Section 6-5-794 nor the liability limiting provisions of any gubernatorial emergency order applies.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 6-5-794Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims.In force
(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 treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic. (b) If a court determines that the immunity afforded in this section does not apply to a health care provider, this section may not be construed to supersede, amend, or modify any other law, emergency proclamation, order, rule, or governing legal standards or procedures for health care providers relating to the performance or provision of health care services or treatment provided by the health care provider, including the Alabama Medical Liability Act of 1987 or the Medical Liability Act of 1996, or any amendment to or judicial interpretation thereof.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 8: Commercial Law and Consumer Protection.
§ 8-27-4Remedies for Actual or Threatened Misappropriation; Intentional Remuneration of a Third Party for Misappropriation.In forcecited in 2 of our articles
(a) The remedies available for actual or threatened misappropriation of a trade secret are: (1) To the extent that they are not duplicative: a. Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened misappropriation of a trade secret, b. Recovery of any profits and other benefits conferred by the misappropriation that are attributable to the misappropriation (In establishing the misappropriator’s profits, the complainant is required to present proof only of the misappropriator’s gross revenue, and the misappropriator is required to present proof of his or her deductible expenses and the elements of profit attributable to factors other than the trade secret.), and c. The actual damages suffered as a result of the misappropriation; (2) Reasonable attorney’s fees to the prevailing party if: a. A claim of actual or threatened misappropriation is made or resisted in bad faith, b. A motion to terminate an injunction is made or resisted in bad faith, or c.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Utility Automation 2000, Inc. v. Choctawhatchee Electric Cooperative, Inc. (Court of Appeals for the Eleventh Circuit 2002, 298 F.3d 1238)“…willful and malicious misappropriation” of a trade secret. Ala. Code § 8-27-4 (1975). However, there is no language…”
- Peat, Inc. v. Vanguard Research, Inc. (Court of Appeals for the Eleventh Circuit 2004, 378 F.3d 1154)“…rding punitive damages under the Alabama Trade Secrets Act. Ala.Code § 8-27-4(3); R. 20:2 at 2528 (jury instruction).…”
- Unisource Worldwide, Inc. v. South Central Alabama Supply, LLC (District Court, M.D. Alabama 2001, 199 F. Supp. 2d 1194)“…y actual or threatened misappropriation of a trade secret.” Ala.Code § 8-27-4(1). As previously stated, it is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Trade Secret Laws: UTSA, Remedies & Deadlines
§ 8-12A-2Assertion of Patent Infringement in Bad Faith.In force
(a) A person may not assert a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims of patent infringement alleged to have been made in bad faith and may do both of the following: (1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical evidence, and administer an oath or affirmation to any person, in aid of any investigation or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction for an order compelling compliance. After an action is commenced, discovery may proceed in accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name of the state, as necessary, to seek injunctive and any other relief available under this chapter or other law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 8-19D-2Deceptive Solicitations; Action for Damages.In force
(a) It shall be unlawful for any person to solicit or sell a product or service through the mail by implying or expressly representing in the solicitation that the person being solicited has won or has been selected to receive a prize or purported prize unless the qualifying language appears in print that is clear, easily read, and conspicuous. (b) A person who suffers damage as a result of a violation of subsection (a) may bring a civil action against the sponsor or promoter of the solicitation, or both. Damages shall not exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 13A: Criminal Code.
§ 13A-8-85Damages in Civil Action.In force
(a) Any owner of recorded material whose material has allegedly been illegally reproduced as provided herein shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as punitive damages of not more than three times the amount of the total cost of producing the illegally recorded material. (b) Any lawful producer of recorded material, as set forth in this article, whose product is allegedly the subject of a violation of the provisions of this article shall have a cause of action in the circuit courts of this state for all damages resultant therefrom, including actual, compensatory and incidental damages, as well as punitive damages not exceeding three times the amount of the total cost of producing the recorded materials.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-157Civil Action by Victims; Venue; Relief Awarded.In force
(a) An individual who is a victim of human trafficking may bring a civil action in the appropriate state court. (b) Venue for any action brought under this section shall be in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county. (c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where defendant’s acts were willful and malicious. (d) The court shall award a prevailing plaintiff attorney’s fees and costs. (e) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of the injunction, judgment, or decree to the office of the Attorney General.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 35: Property.
§ 35-9B-6Civil Action for Wrongful Removal.In forcecited in 2 of our articles
An individual may bring a civil cause of action for wrongful removal under this chapter against the affiant. An individual harmed by a wrongful removal under this chapter may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent of the dwelling, plus court costs and reasonable attorney fees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Also relied on in: Alabama Squatters Rights and Adverse Possession Laws (2026)
Code of Alabama 1975, Title 9: Conservation and Natural Resources.
§ 9-17-109Violations; Records; Fees; Assessment and Hearing; Filling of Containers; Installation, Maintenance, Etc., of Appliances; Damages.In force
(a) Any person violating this article or any rule, order, or regulation promulgated pursuant to this article shall, on conviction thereof, be fined not more than one thousand dollars ($1,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. Every violation of this article or any rule, order, or regulation promulgated pursuant to this article shall constitute a separate offense. (b) Every person subject to the fees imposed by Section 9-17-106 shall keep and preserve suitable records of all liquefied petroleum gas transactions subject to fees and any other books or accounts necessary to determine the amount of fees for which the person is liable under this article. Those records shall be retained for a period of not less than three years, and shall include the name and address of the seller and buyer, date of sale or purchase, amount of gallons purchased or sold, and the amount of fees collected or paid under Section 9-17-106.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 16: Education.
§ 16-25A-3Board, Employees Not Liable for Good Faith Performance.In force
The members of the Public Employees’ Health Insurance Board and their employees shall not be liable for punitive damages for acts arising out of the good faith performance of their duties in administering the health insurance plan.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 27: Insurance.
§ 27-42-5Definitions.In force
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any person instituting a liability claim. The term does not include a person who is an affiliate of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama. (6) CONTROL.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 33: Navigation and Watercourses.
§ 33-4A-26Bond of Pilot - Preserving Bonds, Etc.; New Bonds; Actions on Bonds; Liabilty.In force
(a) The commissioners shall preserve on file all bonds and affidavits taken from bar pilots, and, whenever they consider it necessary, may require a new bond to be executed. The bar pilot’s bond stands as security for any injury caused by the negligence or want of skill of the bar pilot, and action may be brought thereon in the name of any person aggrieved. (b) A bar pilot or apprentice providing bar pilot services to a vessel is not liable for more than five thousand dollars ($5,000) for damage or loss to any person or property caused by the bar pilot’s or apprentice’s error, omission, fault, or neglect in the performance of the bar pilot services, unless one of the following applies: (1) The damage or loss was caused because of the willful, intentional, or reckless misconduct of the bar pilot or apprentice. (2) Liability exists for exemplary or punitive damages for willful, intentional, or reckless misconduct for which no other person is jointly or severally liable.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 45: Local Laws.
§ 45-48-70.20Purchasing of Used Equipment Prohibited.In force
No used or secondhand trucks or road machinery shall be purchased for the county, nor shall any purchase be made or any contract of sale or lease-sale or for the leasing, renting, or hiring of any vehicles or other equipment be entered into unless the contractor certifies that the sale price or the hire or rental fee, as the case may be, charged Marshall County will not exceed the like charge made by him or her to other counties for like equipment, or its use, during the year in which the contract with Marshall County is made. If any such seller or lessor, during such period sells or leases any like equipment to another county, then Marshall County shall be entitled to be reimbursed the difference between the price it paid for such equipment or its use and the lowest charge made to another county by such seller or lessor for like equipment or its use; and in addition thereto to punitive damages in the sum of one thousand dollars ($1,000), all of which may be recovered by the county in a proper action at law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
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Sources and References
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- Ala. Code 6-11-21: Punitive damages not to exceed certain limits(alison.legislature.state.al.us).gov
- Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988)(static.case.law)
- Ala. Code 6-11-28: No cause of action created(alison.legislature.state.al.us).gov
- Ala. Code 6-11-22: Mention of limitations before jury(alison.legislature.state.al.us).gov
- Henderson v. Alabama Power Co., 627 So. 2d 878 (Ala. 1993)(static.case.law)
- Moore v. Mobile Infirmary Ass'n, 592 So. 2d 156 (Ala. 1991) (Ala. Code 6-5-544(b))(static.case.law)
- Ala. Code 8-27-4: Alabama Trade Secrets Act remedies(alison.legislature.state.al.us).gov
- Ala. Code 8-12A-2: Assertion of patent infringement in bad faith(alison.legislature.state.al.us).gov
- Ala. Code 8-19D-2: Deceptive solicitations; action for damages(alison.legislature.state.al.us).gov
- Ala. Code 13A-8-85: Damages in civil action (recorded material)(alison.legislature.state.al.us).gov
- Ala. Code 35-9B-6: Wrongful removal civil action(alison.legislature.state.al.us).gov
- Ala. Code 13A-6-157: Human trafficking victims civil action(alison.legislature.state.al.us).gov
- Ala. Code 45-48-70.20: Marshall County equipment(alison.legislature.state.al.us).gov
- Ala. Code 6-5-410: Wrongful death action by personal representative(alison.legislature.state.al.us).gov
- Ala. Code 6-11-29: Article not applicable to wrongful death actions(alison.legislature.state.al.us).gov
- Ala. Code 6-11-1: Itemization of damages(alison.legislature.state.al.us).gov
- Ala. Code 27-42-5: Insurance guaranty association definitions(alison.legislature.state.al.us).gov
- Ala. Code 6-5-792: Health emergency claims against covered entities(alison.legislature.state.al.us).gov
- 26 U.S.C. 104: Compensation for injuries or sickness(www.govinfo.gov).gov
- Ala. Code 6-11-27: Liability of principal, employer or master(alison.legislature.state.al.us).gov
- Ala. Code 6-5-71: Dram shop action(alison.legislature.state.al.us).gov
- Ala. Code 6-11-26: Punitive damages against the State and local governments(alison.legislature.state.al.us).gov
- Ala. Code 16-25A-3: Public Employees' Health Insurance Board liability(alison.legislature.state.al.us).gov
- Ala. Code 6-5-186: Libel; punitive damages(alison.legislature.state.al.us).gov
- Ala. Code 6-5-794: Health emergency claims against health care providers(alison.legislature.state.al.us).gov
- Ala. Code 6-5-793: Health emergency claims before the effective date(alison.legislature.state.al.us).gov
- Ala. Code 9-17-109: LP-gas dealers(alison.legislature.state.al.us).gov
- Ala. Code 33-4A-26: Bar pilot liability(alison.legislature.state.al.us).gov
- Ala. Code 6-5-543: Itemized damages against health care providers(alison.legislature.state.al.us).gov
- Ala. Code 6-11-3: Entry of judgment(alison.legislature.state.al.us).gov
- Ala. Code 6-11-23: Post-verdict hearings on punitive damages(alison.legislature.state.al.us).gov
- Ala. Code 6-11-24: Appellate reassessment of punitive damages(alison.legislature.state.al.us).gov
- Armstrong v. Roger's Outdoor Sports, Inc., 581 So. 2d 414 (Ala. 1991)(static.case.law)
- Green Oil Co. v. Hornsby, 539 So. 2d 218 (Ala. 1989)(static.case.law)
- Ala. Code 6-11-25: Courts may set aside awards(alison.legislature.state.al.us).gov
- American Fidelity & Casualty Co. v. Werfel, 230 Ala. 552, 162 So. 103 (Ala. 1935)(static.case.law)
- Envoy Air, Inc. v. Creagh, No. SC-2025-0022 (Ala. Oct. 16, 2026)(storage.courtlistener.com)
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