The State of Alabama may never be made a defendant in any court of law or equity. The absolute immunity extends to state university­affiliated hospitals. It also prohibits suits against state officers and agents in their official capacity when a favorable result to the claimant would directly affect a contract or property right of the state. Nevertheless, this section does not prohibit an action against state employees for personal injury based on their negligent conduct in performing non­discretionary or ministerial functions, even when committed in the line and scope of employment. Alabama counties do not enjoy immunity from actions for the negligent acts of their officers and employees. The only exception would be when they are carrying out a state function and share in the state`s immunity. A cause of action against a county must be presented to the county commission within twelve months of the accrual of the action. Alabama municipalities are liable for an injury caused by the neglect, carelessness, or unskillfulness of their employees acting within the scope of their employment. All claims against a municipality grounded in tort are barred unless presented to the clerk within six months of the accrual of the action. The municipality must defend its employees if sued.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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