Code of Alabama
Ala. Code § 6-5-391 (2026)
Wrongful Death of Minor.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) When the death of a minor child is caused by the wrongful act, omission, or negligence of any person, persons, or corporation, or the servants or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the father and mother are both dead or if they decline to commence the action, or fail to do so, within six months from the death of the minor, the personal representative of the minor may commence an action.
(b) An action under subsection (a) for the wrongful death of the minor shall be a bar to another action either under this section or under Section 6-5-410.
(c) Any damages recovered in an action under this section shall be distributed according to the laws of intestate succession, Article 3 (commencing with Section 43-8-40) of Chapter 8 of Title 43.
(Code 1876, §2899; Code 1886, §2588; Code 1896, §26; Code 1907, §2485; Code 1923, §5695; Code 1940, T. 7, §119; Acts 1995, No. 95-774, p. 1834, §1.)
Notes of Decisions
Cited in 51
cases (3 in the last 5 years), 1978–2026 · leading case: Cofer v. Ensor, 473 So. 2d 984 (Ala. 1985).
Cofer v. Ensor, 473 So. 2d 984 (Ala. 1985). “This case presents an issue of first impression: Does the minority of a parent of a deceased minor child toll the running of the two-year period for bringing an action under Code of 1975, § 6-5-391, for the wrongful death of the minor child? Stated differently, and perhaps more…”
MacK v. Carmack, 1091040 (Ala. 9-9-2011), 79 So. 3d 597 (Ala. 2011). “” 3 § 6-5-391 (a), *600 Ala.Code 1975. The issue before us in this appeal is the proper application of § 6-5-391(a).”
Gentry v. Gilmore, 613 So. 2d 1241 (Ala. 1993). “The issue presented, therefore, is whether the trial court's refusal to instruct the jury as requested was reversible error.”
Coleman v. Stitt, 514 So. 2d 1007 (Ala. 1987). “Citing Code 1975, § 6-5-391, and Mattingly v. Cummings, 392 So.”
Killough v. Jahandarfard, 578 So. 2d 1041 (Ala. 1991). “On July 18, 1988, Jahandarfard filed an eight-count complaint under Alabama Code 1975, § 6-5-391, based on the alleged wrongful death of his daughter, Princess.”
Maples v. Chinese Palace, Inc., 389 So. 2d 120 (Ala. 1980). “Either parent of a minor, guardian or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may…”
Lollar v. Tankersley, 613 So. 2d 1249 (Ala. 1993). “James Lollar's Claim This case presents an issue of first impression in this Court: Whether the Alabama *1251 Wrongful Death Act, Ala.Code 1975, § 6-5-391, permits an action based on the performance of a dilatation and curettage procedure that results in the death of a nonviable…”
Lemond Const. Co. v. Wheeler, 669 So. 2d 855 (Ala. 1995). “Although Lemond's constitutional challenge focuses on § 6-5-410, we note that § 6-5-391 is the statute creating a cause of action for the wrongful death of a minor.”
Altosino v. Warrior & Gulf Navigation Co., 121 F.3d 1421 (11th Cir. 1997). “1991)), and permits the recovery of these damages on a showing of simple negligence, Ala.Code 6-5-391(a) (1993) (damages recoverable for "wrongful act, omission, or negligence" causing death) (emphasis added).”
Wiersma v. Maple Leap Farms, 543 N.W.2d 787 (S.D. 1996). “en it spoke of the differences between various statutory schemes: The constructions placed by the courts in our sister states upon wrongful death legislation in their respective jurisdictions counsel caution in our consideration of the question whether a fetus that has never…”
Smith v. Schulte, 671 So. 2d 1334 (Ala. 1995). “Code 1896, §§ 26 and 27which differed in no relevant respect from their successors, §§ 6-5-391 and -410, Ala.Code 1975, the current version of the Wrongful Death Actafforded personal representatives the right to "such damages as the jury may assess," that right was "frozen" by…”
Mattingly v. Cummings, 392 So. 2d 531 (Ala. 1980). “*532 The constitutionality of Code of 1975, § 6-5-391conferring a right to bring a wrongful death action of a minor and its reference to the conditional provisions in § 6-5-390 are at issue.”
— Ala. Code § 6-5-391(a) — 3 cases
Altosino v. Warrior & Gulf Navigation Co., 121 F.3d 1421 (11th Cir. 1997). “1991)), and permits the recovery of these damages on a showing of simple negligence, Ala.Code 6-5-391(a) (1993) (damages recoverable for "wrongful act, omission, or negligence" causing death) (emphasis added).”
MacK v. Carmack, 1091040 (Ala. 9-9-2011), 79 So. 3d 597 (Ala. 2011). “” 3 § 6-5-391 (a), *600 Ala.Code 1975. The issue before us in this appeal is the proper application of § 6-5-391(a).”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
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