Section 6-11-26 – No Punitive Damages Awarded Against State or Agency Thereof.
Section 6-11-26 No punitive damages awarded against state or agency thereof. 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. (Acts 1987, […]
Section 6-11-27 – Principal, Master, etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, etc.; Exceptions.
Section 6-11-27 Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions. (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 […]
Section 6-11-28 – No Cause of Action Created.
Section 6-11-28 No cause of action created. Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages. (Acts 1987, No. 87-185, p. 251, §9.)
Section 6-11-29 – Wrongful Death Actions Not Affected.
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.)
Section 6-11-30 – Effective Date.
Section 6-11-30 Effective date. This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987. (Acts 1987, No. 87-185, p. 251, §12.)
Section 6-11-24 – No Presumption of Correctness to Apply to Damages on Appeal.
Section 6-11-24 No presumption of correctness to apply to damages on appeal. (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 […]
Section 6-11-25 – Ability of Court to Set Aside Damages Not Limited.
Section 6-11-25 Ability of court to set aside damages not limited. 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. (Acts 1987, No. 87-185, p. 251, §6.)
Section 6-11-20 – Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions.
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 […]
Section 6-11-21 – Punitive Damages Not to Exceed Certain Limits.
Section 6-11-21 Punitive damages not to exceed certain limits. (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 […]
Section 6-11-22 – Grounds for Mistrial if Limitations Mentioned in Presence of Jury
Section 6-11-22 Grounds for mistrial if limitations mentioned in presence of jury Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ground for a mistrial. (Acts 1987, No. 87-185, p. 251, §3.)