(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action, make entry, or defend. No disability shall extend the period of limitations so as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years from the time the claim or right accrued. Nothing in this section shall be interpreted as denying any imprisoned person the right to commence an action enumerated in this chapter and to make any proper appearances on his or her behalf in such actions.
(b) If anyone entitled to commence any of the actions enumerated in this chapter is, at the time the right accrues, below the age of 19 years, or insane, and the injury upon which the action is based arises from a sex offense as described in Section 15-20A-5, he or she shall have six years after the termination of the disability to commence the action.
(c) When both disabilities coexist at the time the claim accrued, the limitation does not attach until both are removed.
(d) A disability which did not exist when a claim accrued does not suspend the operation of the limitation unless the contrary is expressly provided.
(Code 1852, §§2498, 2499; Code 1867, §§2922, 2923; Code 1876, §§3236, 3248, 3249; Code 1886, §§2624, 2636, 2637; Code 1896, §§2807, 2821, 2822; Code 1907, §§4846, 4860, 4861; Code 1923, §§8960, 8974, 8975; Code 1940, T. 7, §§36, 46, 47; Acts 1996, No. 96-641, p. 1022, §1; Act 2019-480, §1.)
Notes of Decisions
Cited in
73
cases (
14 in the last 5 years), 1981–2026 · leading case:
Cofer v. Ensor, 473 So. 2d 984 (Ala. 1985).
Cofer v. Ensor, 473 So. 2d 984 (Ala. 1985).
· cites it 10× “" § 6-2-8: "(a) If anyone entitled to commence any of the actions enumerated in this chapter, .”
Elliott v. Navistar, Inc., 65 So. 3d 379 (Ala. 2010).
· cites it 11× “” The plaintiffs have submitted evidence establishing that the injured students were all under the age of 19 at the time of the bus accident and that the plaintiffs amended their individual complaints to assert claims against the bus companies within the two-year period after…”
HealthTrust, Inc. v. Cantrell, 689 So. 2d 822 (Ala. 1997).
· cites it 10× “Because Laura was nine years old at the time of the "act, omission, or failure" complained of, she had four years after the "act, omission, or failure" to file an action.”
Collier v. Buckner, 303 F. Supp. 3d 1232 (M.D. Ala. 2018).
· cites it 8× “Ala. Code § 6-2-8 (a) ("If anyone entitled to commence any of the actions enumerated in this chapter .”
Love v. Wyeth, 569 F. Supp. 2d 1228 (N.D. Ala. 2008).
· cites it 17× “Because statutes of limitations are a necessary means of ensuring the reliability of the fact-finding process, a court must exercise great caution when *1233 a party seeks to apply the tolling mechanism found in § 6-2-8. The question before us is a difficult one because very few…”
Thomas B. Fullman v. Charles Graddick, 739 F.2d 553 (11th Cir. 1984).
· cites it 2× “First, he argues that the statute was tolled under Ala.Code § 6-2-8(a) due to his incarceration pending trial.”
Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003).
· cites it 13× “" The children contend that the trial court erred in dismissing their complaint based merely on the limitations periods prescribed in § 6-2-33 and § 6-2-8, without any finding as to the factual elements requisite to establishing a claim of adverse possession.”
Reese v. Rankin Fite Mem'l Hosp., 403 So. 2d 158 (Ala. 1981).
· cites it 3× “He points out that over one hundred years ago by act now carried in the Code at § 6-2-8, the legislature provided that the statute of limitations was suspended during minority and that the removal of that suspension for medical malpractice claims rendered the Medical Malpractice…”
Hardin v. Straub, 490 U.S. 536 (1989).
“8 Other States currently allowing some tolling of the limitations period for prisoners’ lawsuits include: Ala. Code § 6-2-8 (1975); Ark. Code Ann. § 16-56-116 (1987) (if “imprisoned beyond the limits of the state”); Cal.”
Moore v. Glover, 501 So. 2d 1187 (Ala. 1986).
· cites it 2× “Plaintiff contends that under Code 1975, § 6-2-8(a), the statute of limitations was tolled as a result of his alleged incompetence.”
McConico v. Patterson, 204 So. 3d 409 (Ala. Civ. App. 2016).
· cites it 2× “Finally, MeConico contends that the fetus that she miscarried was a child who, pursuant to § 6-2-8, Ala.Code 1975, was entitled to the suspension of the two-year limitations period for asserting the wrongful-death claim “until the relief of disability or within nineteen years.”
Penaloza v. Drummond Co., 384 F. Supp. 3d 1328 (N.D. Ala. 2019).
· cites it 4× “Ala. Code § 6-2-8 (a) (indicating the statute's provisions apply only to "actions enumerated in this chapter").”
— Ala. Code § 6-2-8(a) — 17 cases
Love v. Wyeth, 569 F. Supp. 2d 1228 (N.D. Ala. 2008).
“Because statutes of limitations are a necessary means of ensuring the reliability of the fact-finding process, a court must exercise great caution when *1233 a party seeks to apply the tolling mechanism found in § 6-2-8. The question before us is a difficult one because very few…”
Elliott v. Navistar, Inc., 65 So. 3d 379 (Ala. 2010).
“” The plaintiffs have submitted evidence establishing that the injured students were all under the age of 19 at the time of the bus accident and that the plaintiffs amended their individual complaints to assert claims against the bus companies within the two-year period after…”
Bohanon v. Edwards, 875 So. 2d 309 (Ala. Civ. App. 2003).
“" The children contend that the trial court erred in dismissing their complaint based merely on the limitations periods prescribed in § 6-2-33 and § 6-2-8, without any finding as to the factual elements requisite to establishing a claim of adverse possession.”
Moore v. Glover, 501 So. 2d 1187 (Ala. 1986).
“Plaintiff contends that under Code 1975, § 6-2-8(a), the statute of limitations was tolled as a result of his alleged incompetence.”
— Ala. Code § 6-2-8(c) — 1 case
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