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Alabama

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (ALABAMA)

Personal Injury - 2 yrs. [Ala.Code § 6-2-38]

Wrongful Death - 2 yrs. (from date of death) [Ala.Code §§ 6-5-410, 6-2-38]

Med Mal - 2 yrs. (if not discovered within 2 yrs., then 6 mos. from discovery; but no later than 4 yrs. from act/omission) [Ala.Code § 6-5-482]

Property Damage - 2 yrs. [Ala.Code § 6-2-38]

Trespass to Real and Personal Property - 6 yrs. [Ala.Code § 6-2-34]

Contracts (Written and Oral) - 6 yrs. [Ala.Code § 6-2-34]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery; but from the date of injury if case involves personal injury by consumer goods) [Ala.Code § 7-2-725]

 

Usually, there is no “discovery rule” for negligence actions. [Utilities Bd. of City of Opp v. Shuler Bros., Inc., 138 So.3d 287 (Ala. 2013)]

 

 

 

Statutes of Repose (ALABAMA)

Products - None (declared unconstitutional)

Construction of Real Property - 7 yrs. (unless prior to the expiration of 7-yr. period, Defendant had actual knowledge of the defect and failed to disclose) [Ala.Code § 6-5-221]

20-yr. common law statute of repose for all actions [American General Life and Acc. Ins. Co. v. Underwood, 886 So.2d 807 (Ala. 2004)]

 

 

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (ALABAMA)

Against State - “State of Alabama shall never be made a defendant in any court of law or equity” [Alabama Constitution, Art. I, §14].  Alabama Board of Adjustment represents the only remedy for claimants seeking payment for damage done by the State.  Claim must be presented within 1 yr. (2 yrs. if death). [Ala.Code § 41-9-65]

Against County - Claim must be presented within 12 mos. [Ala.Code § 11-12-8]; then must wait 90 days or until County disallows the claim before suit can be filed [Ala.Code § 6-5-20]

Against Municipality - Claim must be presented within 6 mos. for tort cases and within 2 yrs. for most other cases [Ala. Code § 11-47-23]

 

 

 

 

Contributory Negligence (ALABAMA)

Strict contributory (Plaintiff is barred from recovery even if 1% at fault) [Brown v. Piggly-Wiggly Stores, 454 So.2d 1370 (Ala. 1984)]

 

 

 

Made Whole Doctrine (MWD) (ALABAMA)

MWD will apply in all subrogation cases unless the contract expressly provides that it does not apply [Wolfe v. Alfa Mut. Ins. Co., 880 So.2d 1163 (Ala. App. 2003)].

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (ALABAMA)

Recognized/applied in product liability cases [Lloyd Wood Coal Co. v. Clark Equipment Co., 543 So.2d 671 (Ala. 1989)].  One possible exception - claims for “fraudulent inducement” [Ford Motor Co. v. Rice, 726 So.2d 626 (Ala. 1998)].

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (ALABAMA)

No requirements.

 

 

 

Landlord/Tenant Subrogation (ALABAMA)

Courts will examine provisions of the lease.  Landlord’s suit against Tenant for fire loss was properly dismissed where the lease disclosed that the parties had agreed to waive causes of action against each other. [McCay v. Big Town, Inc., 307 So.2d 695 (Ala. 1975)].

 

 

 

Reimbursement of Deductible(s) (ALABAMA)

No law available.

 

 

 

MedPay and PIP Subrogation (ALABAMA)

MedPay - Subrogation allowed.  PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (ALABAMA)

$1,000 (+ court costs) for intentional, willful, or malicious acts [Ala.Code § 6-5-380]

 

 

 

Joint Liability (ALABAMA)

Joint and several liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [Tatum v. Schering Corp., 523 So.2d 1048 (Ala. 1988)]

 

 

 

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (ALABAMA)

Alabama has refused to recognize an independent tort of spoliation against a party [Christian v. Kenneth Chandler Const. Co., Inc., 658 So.2d 408 (Ala. 1995)].  Alabama has recognized a claim for negligent spoliation against a third party [Smith v. Atkinson, 771 So.2d 429 (Ala. 2000)].

 

 

 

Conflicts of Law (ALABAMA)

Torts - Court will determine substantive rights of the injured party according to the law of the state where the injury occurred [Fitts v. Minnesota Min. & Mfg. Co., 581 So.2d 819 (Ala. 1991)].  Contracts - Apply the law of the state where the contract was executed [Ailey v. Nationwide Mut. Ins. Co., 570 So.2d 598 (Ala. 1990)].  All contracts of insurance, the application for which is taken within Alabama, are deemed to have been made within Alabama [Ala. Code § 27-14-22].