Code of Alabama
Ala. Code § 6-11-20 (2026)
Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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 rights or otherwise causing injury.
(2) MALICE. The intentional doing of a wrongful act without just cause or excuse, either:
a. With an intent to injure the person or property of another person or entity, or
b. Under such circumstances that the law will imply an evil intent.
(3) WANTONNESS. Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.
(4) CLEAR AND CONVINCING EVIDENCE. Evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.
(5) OPPRESSION. Subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.
(Acts 1987, No. 87-185, p. 251, §1.)
Notes of Decisions
Cited in 334
cases (106 in the last 5 years), 1989–2026 · leading case: Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004).
Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004). “Furthermore, while the State's "improper deductions" claim presents a closer case, I can say with confidence that 1) there can be no fraud damages beyond August 1997, and 2) there was no "clear and convincing" evidence of intentional fraud sufficient to impose punitive damages…”
Ex Parte Norwood Hodges Motor Co., Inc., 680 So. 2d 245 (Ala. 1996). “In reaching our holding, we first interpreted § 12-21-12 and § 6-11-20, Ala. Code 1975. Section 12-21-12(a) and (c) state: "(a) In all civil actions brought in any court of the state of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the…”
BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996). “[6] See Ala. Code §§ 6-11-20 , 6-11-21 (1993). BMW filed a post-trial motion to set aside the punitive damages award.”
Shiv-Ram, Inc. v. McCaleb, 892 So. 2d 299 (Ala. 2004). “1993), which held that the $250,000 cap on punitive damages established by the Legislature was unconstitutional, and should then limit the punitive damages in this case to the amount set by that cap; (2) that the trial court erred in holding that there was clear and convincing…”
Hines v. Riverside Chevrolet-Olds, Inc., 655 So. 2d 909 (Ala. 1995). “The issues are (1) Whether the defendants owed a duty to the Hineses to disclose that the left rear quarter panel of the Oldsmobile Calais had been repainted and intentionally breached that duty; (2) Whether the Oldsmobile Calais, whose left rear quarter panel had been repainted…”
Ala. River Grp., Inc. v. Conecuh Timber, Inc., 261 So. 3d 226 (Ala. 2017). “Unlike the typical review of a judgment based on a jury verdict where we must, as the jury may, disregard evidence submitted by the defendant when that evidence is disputed, when evaluating the propriety of punitive damages under Ala.”
Prudential Ballard Realty Co. Inc. v. Weatherly, 792 So. 2d 1045 (Ala. 2000). “In other words, it cannot seriously be argued that an intentional act of fraud committed for the purpose of "depriving a person or entity of property or legal rights or otherwise causing injury," is not a gross, malicious, or oppressive act, as those terms are defined in §…”
McIver v. Bondy's Ford, Inc., 963 So. 2d 136 (Ala. Civ. App. 2007). “Unlike the typical review of a judgment based on a jury verdict where we must, as the jury may, disregard evidence submitted by the defendant when that evidence is disputed, when evaluating the propriety of punitive damages under Ala.Code 1975, § 6-11-20, we are required to…”
Mobile Infirmary Med. Ctr. v. Hodgen, 884 So. 2d 801 (Ala. 2003). “Code 1975, defines wantonness as "[c]onduct which is carried on with a reckless or conscious disregard of the rights or safety of others.”
Cavalier Mfg., Inc. v. Jackson, 823 So. 2d 1237 (Ala. 2001). “" ("Appellees' Response to the Appellant's Motion [to] File Supplemental Brief in Appeal of Order on Remand by the Circuit Court" at 4.”
Sears, Roebuck & Co. v. Harris, 630 So. 2d 1018 (Ala. 1994). “"And the law says the matter of punitive damages is set out in the Code of Alabama in Section 6-11-20 and in its pertinent parts it reads as follows: "`Punitive damages may not be awarded in any civil action except actions for wrongful death other than tort actions where it is…”
BMW of North Am., Inc. v. Gore, 701 So. 2d 507 (Ala. 1997). “Ala.Code 1975, § 6-11-20, expressly sets forth and defines the acts, as well as the state of mind: "(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…”
— Ala. Code § 6-11-20(4) — 5 cases
L.M. v. D.D.F., 840 So. 2d 171 (Ala. Civ. App. 2002).
C.V. v. J.M.J., 810 So. 2d 700 (Ala. 2001).
Lm v. Ddf, 840 So. 2d 171 (Ala. Civ. App. 2002).
Ex Parte CV, 810 So. 2d 700 (Ala. 2001).
Lake Cyrus Dev. Co. v. Attorney Gen. ex rel. Bessemer Water Serv., 143 So. 3d 771 (Ala. 2014).
— Ala. Code § 6-11-20(6X3) — 1 case
Coleman v. Smith, 901 So. 2d 729 (Ala. Civ. App. 2004).
— Ala. Code § 6-11-20(a) — 54 cases
Cavalier Mfg., Inc. v. Jackson, 823 So. 2d 1237 (Ala. 2001). “" ("Appellees' Response to the Appellant's Motion [to] File Supplemental Brief in Appeal of Order on Remand by the Circuit Court" at 4.”
Ex Parte Norwood Hodges Motor Co., Inc., 680 So. 2d 245 (Ala. 1996). “In reaching our holding, we first interpreted § 12-21-12 and § 6-11-20, Ala. Code 1975. Section 12-21-12(a) and (c) state: "(a) In all civil actions brought in any court of the state of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the…”
Hines v. Riverside Chevrolet-Olds, Inc., 655 So. 2d 909 (Ala. 1995). “The issues are (1) Whether the defendants owed a duty to the Hineses to disclose that the left rear quarter panel of the Oldsmobile Calais had been repainted and intentionally breached that duty; (2) Whether the Oldsmobile Calais, whose left rear quarter panel had been repainted…”
Shiv-Ram, Inc. v. McCaleb, 892 So. 2d 299 (Ala. 2004). “1993), which held that the $250,000 cap on punitive damages established by the Legislature was unconstitutional, and should then limit the punitive damages in this case to the amount set by that cap; (2) that the trial court erred in holding that there was clear and convincing…”
Sears, Roebuck & Co. v. Harris, 630 So. 2d 1018 (Ala. 1994). “"And the law says the matter of punitive damages is set out in the Code of Alabama in Section 6-11-20 and in its pertinent parts it reads as follows: "`Punitive damages may not be awarded in any civil action except actions for wrongful death other than tort actions where it is…”
— Ala. Code § 6-11-20(b) — 6 cases
Hines v. Riverside Chevrolet-Olds, Inc., 655 So. 2d 909 (Ala. 1995). “The issues are (1) Whether the defendants owed a duty to the Hineses to disclose that the left rear quarter panel of the Oldsmobile Calais had been repainted and intentionally breached that duty; (2) Whether the Oldsmobile Calais, whose left rear quarter panel had been repainted…”
Ex Parte Liberty Nat'l Life Ins. Co., 797 So. 2d 457 (Ala. 2001).
New Plan Realty Trust v. Morgan, 792 So. 2d 351 (Ala. 2000).
Liberty Nat'l Life Ins. Co. v. Sanders, 792 So. 2d 1069 (Ala. 2000).
Ex Parte TV, 971 So. 2d 1 (Ala. 2007).
— Ala. Code § 6-11-20(b)(1) — 20 cases
Prudential Ballard Realty Co. Inc. v. Weatherly, 792 So. 2d 1045 (Ala. 2000). “In other words, it cannot seriously be argued that an intentional act of fraud committed for the purpose of "depriving a person or entity of property or legal rights or otherwise causing injury," is not a gross, malicious, or oppressive act, as those terms are defined in §…”
Ala. River Grp., Inc. v. Conecuh Timber, Inc., 261 So. 3d 226 (Ala. 2017). “Unlike the typical review of a judgment based on a jury verdict where we must, as the jury may, disregard evidence submitted by the defendant when that evidence is disputed, when evaluating the propriety of punitive damages under Ala.”
McIver v. Bondy's Ford, Inc., 963 So. 2d 136 (Ala. Civ. App. 2007). “Unlike the typical review of a judgment based on a jury verdict where we must, as the jury may, disregard evidence submitted by the defendant when that evidence is disputed, when evaluating the propriety of punitive damages under Ala.Code 1975, § 6-11-20, we are required to…”
Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004). “Furthermore, while the State's "improper deductions" claim presents a closer case, I can say with confidence that 1) there can be no fraud damages beyond August 1997, and 2) there was no "clear and convincing" evidence of intentional fraud sufficient to impose punitive damages…”
Exxon Mobil Corp. v. Ala. Dept. of Conservation & Nat. Resources, 986 So. 2d 1093 (Ala. 2007).
— Ala. Code § 6-11-20(b)(2) — 8 cases
Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004). “Furthermore, while the State's "improper deductions" claim presents a closer case, I can say with confidence that 1) there can be no fraud damages beyond August 1997, and 2) there was no "clear and convincing" evidence of intentional fraud sufficient to impose punitive damages…”
Shoney's, Inc. v. Barnett, 773 So. 2d 1015 (Ala. Civ. App. 1999).
Downs v. Lyles, 41 So. 3d 86 (Ala. Civ. App. 2009).
Ex Parte Norwood Hodges Motor Co., Inc., 680 So. 2d 245 (Ala. 1996). “In reaching our holding, we first interpreted § 12-21-12 and § 6-11-20, Ala. Code 1975. Section 12-21-12(a) and (c) state: "(a) In all civil actions brought in any court of the state of Alabama, proof by substantial evidence shall be required to submit an issue of fact to the…”
Ala. River Grp., Inc. v. Conecuh Timber, Inc., 261 So. 3d 226 (Ala. 2017). “Unlike the typical review of a judgment based on a jury verdict where we must, as the jury may, disregard evidence submitted by the defendant when that evidence is disputed, when evaluating the propriety of punitive damages under Ala.”
— Ala. Code § 6-11-20(b)(3) — 45 cases
Alfa Mut. Ins. Co. v. Roush, 723 So. 2d 1250 (Ala. 1998).
Mobile Infirmary Med. Ctr. v. Hodgen, 884 So. 2d 801 (Ala. 2003). “Code 1975, defines wantonness as "[c]onduct which is carried on with a reckless or conscious disregard of the rights or safety of others.”
Dolgencorp, Inc. v. Taylor, 28 So. 3d 737 (Ala. 2009).
Shiv-Ram, Inc. v. McCaleb, 892 So. 2d 299 (Ala. 2004). “1993), which held that the $250,000 cap on punitive damages established by the Legislature was unconstitutional, and should then limit the punitive damages in this case to the amount set by that cap; (2) that the trial court erred in holding that there was clear and convincing…”
Ex Parte Thicklin, 824 So. 2d 723 (Ala. 2002).
— Ala. Code § 6-11-20(b)(4) — 138 cases
K.S.B. v. M.C.B., 219 So. 3d 650 (Ala. Civ. App. 2016).
A.D.B.H. v. Houston Cnty. Dep't of Human Resources, 1 So. 3d 53 (Ala. Civ. App. 2008).
Henderson by Hartsfield v. Alabama Power, 627 So. 2d 878 (Ala. 1993).
Ex Parte S. Energy Homes, Inc., 873 So. 2d 1116 (Ala. 2003).
Thomas v. Heard, 256 So. 3d 644 (Ala. 2017).
— Ala. Code § 6-11-20(b)(5) — 3 cases
Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004). “Furthermore, while the State's "improper deductions" claim presents a closer case, I can say with confidence that 1) there can be no fraud damages beyond August 1997, and 2) there was no "clear and convincing" evidence of intentional fraud sufficient to impose punitive damages…”
Prudential Ballard Realty Co. Inc. v. Weatherly, 792 So. 2d 1045 (Ala. 2000). “In other words, it cannot seriously be argued that an intentional act of fraud committed for the purpose of "depriving a person or entity of property or legal rights or otherwise causing injury," is not a gross, malicious, or oppressive act, as those terms are defined in §…”
Talent Tree Pers. Serv., Inc. v. Fleenor, 703 So. 2d 917 (Ala. 1997).
— Ala. Code § 6-11-20(e) — 1 case
Guyoungtech USA, Inc. v. Dees, 156 So. 3d 374 (Ala. 2014).
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