HB329 Alabama 2015 Session

Summary

Primary Sponsor

Ed Henry

Republican

Session

Regular Session 2015

Title

Legal service liability action, limitation on action, Sec. 6-5-574 am'd.

Summary

HB329 rewrites the time limits for filing legal services liability lawsuits, setting a two-year deadline from the act or omission with a discovery rule and a maximum four-year cap, plus certain age-related exceptions.

What This Bill Does

If passed, the bill requires legal service liability actions to be filed within two years of the act, omission, or failure that caused the claim. If the action is not discovered within two years, it can be filed within six months after discovery of the cause or facts that would lead to discovery, whichever comes first. However, the action cannot be filed more than four years after the act or omission. There are special exemptions for claims occurring before August 1, 1987 (one-year window) and for minors under four years old (until the child’s eighth birthday). The bill also aligns with existing rules for calculating time limits and specifies when the new rules take effect.

Who It Affects

• Legal service providers (e.g., lawyers and law firms) who could be sued for legal services liability, as their potential defense window is defined by the two-year/discovery framework with a four-year cap.
• Individuals or entities who allege legal services liability, including clients or patients, who would need to file within the two-year window (with discovery and minor-specific exceptions).

Key Provisions

• Actions must be commenced within two years after the act, omission, or failure giving rise to the claim, with a discovery rule allowing commencement within six months after discovery or discovery of qualifying facts, whichever is earlier.
• In any event, no action may be commenced more than four years after the act, omission, or failure (with an exception for claims occurring before August 1, 1987, which have a one-year period).
• If the claimant is a minor under four years old, the action may be commenced by the minor’s eighth birthday.
• Section 2 confirms that the computation of statutory periods follows existing law, referencing multiple provisions related to time calculations.
• The act becomes effective on the first day of the third month after its passage and approval by the Governor (or becomes law by other constitutional means).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure