Code of Alabama

Ala. Code § 6-5-792 (2026)

Liability of Covered Entity for Damages, Injury, or Death

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or omission of the covered entity.

(b) Subsection (a) does not apply if the claimant proves by clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct.

(c) In those instances where liability is established as required by subsection (b), and the acts or omissions do not result in serious physical injury, a covered entity’s liability shall be limited to actual economic compensatory damages, and in no event shall the covered entity be liable for noneconomic or punitive damages.

(d) A party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages.

(Act 2021-4, §3.)

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: Ex parte Triad of Alabama, LLC, d/b/a Flowers Hosp. PETITION FOR WRIT OF MANDAMUS (In re: Voncille Askew & Don Askew v. Triad of Alabama, LLC, d/b/a Flowers Hosp.) (Houston Circuit Court: CV-22-900177) (Ala. 2024).

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Ex parte Triad of Alabama, LLC, d/b/a Flowers Hosp. PETITION FOR WRIT OF MANDAMUS (In re: Voncille Askew & Don Askew v. Triad of Alabama, LLC, d/b/a Flowers Hosp.) (Houston Circuit Court: CV-22-900177) (Ala. 2024). · cites it 13× “On March 7, 2023, Triad responded to the Askews' motion to strike, arguing that, pursuant to the plain text of §§ 6-5-792 and 6-5-794, it was entitled to immunity under both provisions.”

Ex parte Jackson Hosp. & Clinic, Inc. PETITION FOR WRIT OF MANDAMUS (In re: Theresa Johnson, individually & as of the Est. of Nathaniel Johnson v. Jackson Hosp. & Clinic, Inc.) (Montgomery Circuit Court: CV-21-900980). (Ala. 2024). · cites it 13× “Jackson Hospital argued that it was entitled to immunity under Ala. Code 1975, §§ 6-5-792 and -794, of the ACIA, under the May 8 proclamation, and under the AEMA.”

— Ala. Code § 6-5-792(a) — 1 case

Ex parte Triad of Alabama, LLC, d/b/a Flowers Hosp. PETITION FOR WRIT OF MANDAMUS (In re: Voncille Askew & Don Askew v. Triad of Alabama, LLC, d/b/a Flowers Hosp.) (Houston Circuit Court: CV-22-900177) (Ala. 2024). “On March 7, 2023, Triad responded to the Askews' motion to strike, arguing that, pursuant to the plain text of §§ 6-5-792 and 6-5-794, it was entitled to immunity under both provisions.”

— Ala. Code § 6-5-792(b) — 1 case

Ex parte Triad of Alabama, LLC, d/b/a Flowers Hosp. PETITION FOR WRIT OF MANDAMUS (In re: Voncille Askew & Don Askew v. Triad of Alabama, LLC, d/b/a Flowers Hosp.) (Houston Circuit Court: CV-22-900177) (Ala. 2024). “On March 7, 2023, Triad responded to the Askews' motion to strike, arguing that, pursuant to the plain text of §§ 6-5-792 and 6-5-794, it was entitled to immunity under both provisions.”

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