Code of Alabama
Ala. Code § 6-11-27 (2026)
Principal, Master, Etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, Etc.; Exceptions.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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 master unless the principal, employer, or master either: (i) knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others; or (ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master, except where the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the import of his act.
(b) Nothing contained in this section shall be construed to prevent recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment.
(Acts 1987, No. 87-185, p. 251, §8.)
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1990–2023 · leading case: Ex Parte Henry, 770 So. 2d 76 (Ala. 2000).
Ex Parte Henry, 770 So. 2d 76 (Ala. 2000). “Unlike Henry, the Sheridans did assert a timely claim alleging that the insurance company had negligently or wantonly hired and/or supervised its agent, together with a claim alleging fraud.”
Alfa Mut. Ins. Co. v. Roush, 723 So. 2d 1250 (Ala. 1998). “The trial court presented to the jury two theories upon which the plaintiffs sought punitive and compensatory damages: (1) that Alfa was vicariously liable under § 6-11-27, Ala.Code 1975, for Patronas's acts and (2) that Alfa had wantonly failed to supervise Patronas's sale of…”
Shoney's, Inc. v. Barnett, 773 So. 2d 1015 (Ala. Civ. App. 1999). “Ala.Code 1975, § 6-11-27(a). The provision reads as follows: "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…”
Foremost Ins. Co. v. Parham, 693 So. 2d 409 (Ala. 1997). “Based on the foregoing, we conclude that the plaintiffs' misrepresentation claims, seeking both compensatory and punitive damages, see Ala.Code 1975, § 6-11-27(a), were properly submitted to the jury.”
Boudreaux v. Pettaway, 108 So. 3d 486 (Ala. 2012). “2000), that “[f]or a plaintiff to recover punitive damages against a principal for vicarious liability for the wrongful act of the agent, § 6-11-27(a)[, Ala.Code 1975,] requires proof of at least one of four kinds of culpability in addition to the essential elements of the tort…”
Life Ins. Co. of Georgia v. Johnson, 684 So. 2d 685 (Ala. 1996). “This argument disregards the Alabama statute on vicarious liability, § 6-11-27, Ala.Code 1975, and the strong proof required under this statute.”
Shiv-Ram, Inc. v. McCaleb, 892 So. 2d 299 (Ala. 2004). “"(e) Except as provided in Section 6-11-27, no defendant shall be liable for any punitive damages unless that defendant has been expressly found by the trier of fact to have engaged in conduct, as defined in Section 6-11-20, warranting punitive damages, and such defendant shall…”
State Farm Fire & Cas. Co. v. Wonderful Couns. Apostolic Faith Church, 12 So. 3d 662 (Ala. 2008). “In their second issue, the defendants claim that WCAFC failed to present any evidence to satisfy the requirements of Ala.Code 1975, § 6-11-27, for holding a principal vicariously liable for punitive damages.”
USA Petroleum Corp. v. Hines, 770 So. 2d 589 (Ala. 1999). “Code 1975], as amended, an employer can be held liable for the malicious conduct of the employee if the employer knew or should have known of the unfitness of the employee, or used the employee's services without proper instruction and with a disregard for the rights and safety…”
Cheshire v. Putman, 54 So. 3d 336 (Ala. 2010). “Allstate Electric sought a JML on all claims seeking punitive damages because, Allstate Electric argued, punitive damages could not be awarded against Allstate Electric under § 6-11-27, Ala.Code 1975. 1 Cheshire and Allstate Electric sought a JML on all claims seeking punitive…”
Ocean Cruise Lines, Inc. v. Abeta Travel Serv., Inc., 562 So. 2d 205 (Ala. 1990). “On appeal OCL argues that Ala. Code 1975, § 6-11-27 (Supp.1988), would prohibit the recovery of punitive damages by Abeta.”
Nabors v. Transouth Fin. Corp., 928 F. Supp. 1085 (M.D. Ala. 1996). “Ala.Code § 6-11-27 (emphasis added). The plaintiffs argue that the statute’s reference to “other masters” indicates that the cause of action for negligent supervision may be brought against non-employers as well as employers.”
— Ala. Code § 6-11-27(1975) — 1 case
Abston v. Kelley Bros. Contractors, 990 F. Supp. 1392 (S.D. Ala. 1998).
— Ala. Code § 6-11-27(a) — 8 cases
Ex Parte Henry, 770 So. 2d 76 (Ala. 2000). “Unlike Henry, the Sheridans did assert a timely claim alleging that the insurance company had negligently or wantonly hired and/or supervised its agent, together with a claim alleging fraud.”
Alfa Mut. Ins. Co. v. Roush, 723 So. 2d 1250 (Ala. 1998). “The trial court presented to the jury two theories upon which the plaintiffs sought punitive and compensatory damages: (1) that Alfa was vicariously liable under § 6-11-27, Ala.Code 1975, for Patronas's acts and (2) that Alfa had wantonly failed to supervise Patronas's sale of…”
Foremost Ins. Co. v. Parham, 693 So. 2d 409 (Ala. 1997). “Based on the foregoing, we conclude that the plaintiffs' misrepresentation claims, seeking both compensatory and punitive damages, see Ala.Code 1975, § 6-11-27(a), were properly submitted to the jury.”
Boudreaux v. Pettaway, 108 So. 3d 486 (Ala. 2012). “2000), that “[f]or a plaintiff to recover punitive damages against a principal for vicarious liability for the wrongful act of the agent, § 6-11-27(a)[, Ala.Code 1975,] requires proof of at least one of four kinds of culpability in addition to the essential elements of the tort…”
Shoney's, Inc. v. Barnett, 773 So. 2d 1015 (Ala. Civ. App. 1999). “Ala.Code 1975, § 6-11-27(a). The provision reads as follows: "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…”
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