6-5-391
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.)...
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43-2-111
Section 43-2-111 Liability for damages recovered under sections 6-5-391, 6-5-410 or
25-6-3. The personal representative and the sureties on his bond are liable to the parties
in interest for the due and legal distribution of all damages recovered by such representative
under sections 6-5-391, 6-5-410 or 25-6-3, and are subject to all remedies which may
be pursued against such representative and sureties for the due administration of personal
assets. (Code 1886, §2593; Code 1896, §338; Code 1907, §2799; Code 1923, §6038; Code 1940,
T. 61, §115.)...
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6-5-547
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...
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6-11-29
Section 6-11-29 Wrongful death actions not affected. 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.
(Acts 1987, No. 87-185, p. 251, §10.)...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b)
All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of
their charges, or any part thereof, shall be begun within two years from the time the cause
of action accrues and not after. (c) For recovery of charges, action shall be begun against
common carriers of property by motor vehicles subject to this article within two years from
the time the cause of action accrues and not after, except as provided in subsection (d) of
this section; provided, that if claim for the overcharge has been presented in writing to
the carrier within the two-year period of limitation, said period shall be extended to include
six months from the time notice in writing is given by the carrier to the claimant...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (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...
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6-11-1
Section 6-11-1 Damages assessed by factfinder to be itemized; future damages not to be reduced
to present value. 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.
(Acts 1987, No. 87-183, p. 245, §1.)...
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25-5-33
Section 25-5-33 Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal
injury or death. The provisions of Sections 25-5-31 and 25-5-32 shall apply to any claims
for death of an employee as covered by Sections 6-5-391, 6-5-410, and 25-6-3, and to
personal injuries arising under Sections 6-5-390 and 25-6-1. (Acts 1919, No. 245, p. 206;
Code 1940, T. 26, §257; Acts 1973, No. 1062, p. 1750, §3.)...
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9-17-109
consumer using his or her equipment or appliance in a manner or for a purpose other than that
for which the equipment or appliance was intended, no legal action shall be commenced against
his or her LP-gas dealer. (3) All LP-gas dealers are required to document and maintain in
writing all notices received from consumers for a period of not less than five years. Any
LP-gas dealer who is found not to have maintained such notices in writing as required herein
shall be guilty of a Class B misdemeanor. (f) No LP-gas dealer shall be subject to any award
of punitive or exemplary damages, except in those cases falling within Sections 6-5-391
and 6-5-410, except upon a showing by clear and convincing evidence of gross negligence or
willful or wanton misconduct. (Acts 1965, No. 220, p. 305, §9; Acts 1979, No. 79-435, p.
690, §1; Acts 1984, No. 84-293, p. 555, §1; Acts 1989, No. 89-535, p. 1097, §1; Acts 1993,
No. 93-632, p. 1079, §3; Act 2006-246, p. 444, §1; Act 2014-145, p. 353, §1.)...
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