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Negligence / Personal Injury
2 Years2 Years with occurrence rule
Products Liability
2 Years against original seller. Discovery rule applies to exposure to, or ingestion of, harmful substances. SOL is 1 year from when injury is, or should have been, discovered.
Wrongful Death
2 Years2 Years with occurrence rule
Medical Malpractice
2 YearsMedical, Dental, and Hospital Malpractice
SOL: 2 Years with Discovery Rule (if discovered after 2 years, then 6 months from discovery).
SOR: 4 years after date of injury.
Tolls: Children under 4 have until 8 th birthday to file claim with a maximum of 4 years.
Intentional Torts
2 Years2 Years
Unspecified or Other Torts
2 Years2 Years
Discovery Rule
In asbestos exposure cases – cause of action accrues on first date injured party should have had reason to discover the injury. See rule for malpractice cases. If action is based on fraud of defendant, even if already otherwise barred, two years after discovery of the facts constituting the fraud. Toxic exposure – see products liability.
Disabilities
Infants (18 th birthday), insane, or incompetent persons have a maximum of 3 years after removal of disability to a maximum of 20 years from accrual of the claim. If plaintiff has multiple disabilities, the SOL does not run until all disabilities are removed. Disabilities apply even if a guardian is appointed.
Comparative Negligence
No comparative negligence rule so any contributory negligence on the part of the plaintiff will bar a recovery.
Charitable Immunity
Charities are liable for the torts of their servants.
Municipalities
Sovereign immunity has not been waived but a Board of Adjustments determines claims against the state and all of its subdivisions.
Recovery of damages against government limited to $100,000 for injury or death to an individual and $300,000 aggregate per occurrence.
Punitive Damages
Clear and convincing evidence of deliberate or conscious malice.
Caps: The greater of three times compensatory damages or $500,000 in civil actions. (Does not apply to Wrongful Death, intentional torts, or class actions). Personal injury cases, however, are capped at three times compensatory damages or $1,500,000, whichever is greater.
Consumer Fraud Complaint
Alabama Office of Attorney General, Consumer Protection
http://www.ago.state.al.us/consumer.cfm
(334)242-7334
(800)392-5658 (toll-free in Alabama) |
