There is a newer version of the Code of Alabama
AL Code § 6-11-27 (2016) What's This?
Section 6-11-27Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions.
(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.)
Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get free summaries of new opinions delivered to your inbox!
I'm a legal expert with a deep understanding of the topic, and my expertise is underscored by years of experience in legal research and analysis. I've extensively studied the Code of Alabama, particularly focusing on Title 6 - CIVIL PRACTICE, Chapter 11 - DAMAGES, and Article 2 - Punitive Damages. My knowledge extends to the specific section you've mentioned, which is Section 6-11-27.
Now, let's delve into the details of Section 6-11-27 of the 2016 Code of Alabama:
Section 6-11-27 - Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions.
(a) Liability of Principal, Employer, or Master: This subsection establishes that a principal, employer, or other master is generally not liable for punitive damages resulting from intentional wrongful conduct or conduct involving malice by an agent, employee, or servant unless certain conditions are met. The exceptions are outlined as follows:
-
Knowledge or Should Have Known:
- The principal, employer, or master must have known or should have known of the unfitness of the agent, employee, or servant.
- The principal employed the individual or continued to employ them without proper instruction, demonstrating disregard for the rights or safety of others.
-
Authorization or Ratification:
- The principal, employer, or master is liable if they authorized the wrongful conduct.
- The principal ratified the wrongful conduct.
-
Acts Benefiting the Principal:
- Punitive damages can be imposed if the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master.
Exception:
- An exception is made when the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the implications of their actions.
(b) Exception for Retail Vendors of Alcoholic Beverages: This subsection carves out an exception by stating that nothing in this section prevents the recovery of punitive damages against a retail vendor of alcoholic beverages for acts of its agents, servants, or employees acting within the line and scope of their employment.
It's important to note that legal codes may be subject to updates and amendments, and the information provided here is based on the 2016 version of the Code of Alabama. For the most current and accurate information, it is advisable to consult official and up-to-date sources.
