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ALABAMA

Negligence / Personal Injury
2 Years with occurrence rule
Wrongful Death
2 Years with occurrence rule
Medical Malpractice
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 8th birthday to file claim with a maximum of 4 years.

Malpractice (Other Professions)
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 8th birthday to file claim with a maximum of 4 years.

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.
Intentional Torts
2 Years
Fraud
Municipal Liability/Sovereign Immunity

Limited - 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.

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 above. 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 above.
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.
Disabilities
Infants (18th 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.
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.

No-Fault Insurance
None
Other Relevant Information
for unspecified torts.
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)

MANHATTAN OFFICE

111 John Street, 14th Floor
New York, NY 10038
Phone: 212.267.6700

LONG ISLAND OFFICE

6 Harbor Park Drive
Port Washington, NY 11050
Phone: 516.466.6500

NEW JERSEY OFFICE

375 Cedar Lane
Teaneck, NJ 07666
Phone: 973.297.1020

FLORIDA OFFICE

3301 Bonita Beach Road
Bonita Springs, Florida 34134
Phone: 239.390.1000