Alabama § 6-5-186 Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel

Alabama Statutes

§ 6-5-186 — Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel

Alabama·Title 6 Civil Practice·Ch. 5 Actions·Art. 11 Defamation, Libel and Slander

Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.

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Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.

Alabama § 6-5-186 (Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.