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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-223/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-223 - Applicability.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-223 - Applicability.
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Section 6-5-223
Applicability.
This article shall not apply to civil causes of action in tort, contract, or otherwise, which accrued or arose prior to February 25, 1994. Where construction was completed but no civil cause of action accrued prior to February 25, 1994, this article shall apply to the construction of the improvement on or to real estate, and, for the purposes of the time limitations provided in this article, substantial completion of construction of the improvement on or to real estate shall be deemed to be February 25, 1994, but shall not revive any cause of action barred under existing law.
(Acts 1994, No. 94-138, p. 183, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-224/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-224 - Causes of Action Barred Under Existing Law.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-224 - Causes of Action Barred Under Existing Law.
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Section 6-5-224
Causes of action barred under existing law.
This article shall not be construed to create any cause of action against, or impose any liability on, or revive any cause of action barred under existing law against any architects, engineers, or builders, or any licensed real estate brokers or salesmen, or any other persons.
(Acts 1994, No. 94-138, p. 183, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-225/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-225 - Time for Commencement of Action Against Architects, Engineers, and Builders.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-225 - Time for Commencement of Action Against Architects, Engineers, and Builders.
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Section 6-5-225
Time for commencement of action against architects, engineers, and builders.
(a) It is the purpose and intent of the Legislature in connection with all actions against architects and engineers, who perform or furnish the design, planning, specifications, testing, supervision, administration, or observation of the construction of an improvement on or to real property, and builders who construct, perform, or manage the construction of an improvement on or to real property designed by and constructed under the supervision, administration or observation of, or in accordance with the plans and specifications prepared by, an architect or engineer, to limit the time for commencement of an action to a period of two years from the date a cause of action accrues and to bar all causes of action and rights of action which accrue more than seven years after substantial completion of such improvement. The Legislature finds that this classification distinguishing architects, engineers, and builders is rationally and reasonably related to the legislative regulatory scheme and is valid. The Legislature has declared that the practices of architecture and engineering are subject to regulation and control in the public interest and has established high professional standards which must be met by architects and engineers to qualify them to practice architecture and engineering in the State of Alabama. These requirements imposed by the Legislature make the practices of architecture and engineering learned professions fully regulated and accountable to the state and members of the public. Regulation has also been imposed by the Legislature upon general contractors who construct such improvements on or to real property. Builders distinguished in this article are those licensed as general contractors who construct, or perform or manage the construction of, such improvements designed by and constructed under the supervision, administration or observation of, or in accordance with the plans and specifications prepared by an architect or engineer.
(b) This article bears a reasonable relationship to the proposed legislative objective of limiting the period of liability for architects and engineers and builders whose professional services or work on improvements to real property generally ends at the time of substantial completion of the improvement. While protecting architects and engineers from exposure to liabilities for injuries and damages occurring long after the completion of their professional architectural and engineering services and builders as defined from exposure to liabilities for injuries and damages occurring long after the completion of their work, the article imposes no unfair burden on the injured party for he or she is still afforded an avenue of legal action to seek redress from those who are more likely to have been responsible for or could have prevented such injury.
(c) It is the legislative intent and purpose to establish a single period of limitation for all civil actions, whether in tort, contract, or otherwise, commenced against architects and engineers and builders, which limitation period is two years from the date the cause of action accrues. This limitation period is equally applicable to actions in tort which currently must be commenced within two years from the date injury occurs, and those founded on contract which currently may be commenced within two years for oral contracts, six years for written contracts, or ten years for written contracts under seal after the completion of the contract work. The proposed two-year statute provides a uniform period of two years for filing all causes of action against architects in tort, contract, or otherwise, but provides that the statute of limitation does not commence until the time of injury or damage, which extends the commencement of the time for filing contract actions, or where latent or by its nature not reasonably discovered, does not commence until the time of discovery thereby applying for the first time to both these tort and contractual actions, the so-called "discovery rule." These changes accrue to the benefit of the injured party, and the Legislature finds that this benefit constitutes an adequate quid pro quo for abolishing rights of action which have not accrued within seven years of substantial completion of their work.
(d) It is the further legislative objective to provide for the abolishing of rights of action against architects and engineers and builders which would have accrued after the passage of seven years from the substantial completion of the construction of an improvement on or to real property, except rights of action for breach of written express warranties, contracts, or indemnities which extend beyond seven years. Where causes of action accrue during the seven years from completion, an action may be brought within two years of accrual even though this extends beyond the seven-year period. This permits all injured parties a period of two years to file suit unless already barred because the cause of action accrues after the passage of seven years, which would in certain circumstances permit the filing of an action up to nine years after the completion of the improvement (or up to two years after the expiration of written express warranties, contracts, or indemnities).
(e) The legislative objective of abolishing potential liabilities of architects and engineers and builders after the passage of a sufficient period of time from the completion of their work is rationally and reasonably related to the permissible state objective of removing responsibility from, and preventing suit against these regulated professions and builders which are least likely to be responsible or at fault for defects and deficiencies which cause injury long after their services or work is completed. The Legislature has deemed that, after a lapse of time of more than seven years without incident, the burden on the courts to adjudicate, the complexities of proof with the obstacle of faded memories, unavailable witnesses and lost evidence, and even where evidence is available, the opportunity for intervening factors such as acts or omissions of others in inadequate maintenance, improper use, intervening alterations, improvements and services, and other negligence, and such as changes in standards for design and construction and changes in building codes, and the burden on architects and engineers and builders, who have no control over the improvements after their services are completed, to disprove responsibility after acceptance and years of possession by other parties, all weigh more heavily in favor of repose or the abolishing of rights of action against architects and engineers and builders than allowing adjudication of the few, if any, meritorious claims which might have accrued thereafter. The Legislature finds that the burden of tenuous claims upon both the courts and architects and engineers and builders sufficiently vindicates the denial of a right of action after the passage of a period of seven years from the substantial completion of the construction of the improvement.
(Acts 1994, No. 94-138, p. 183, §6; Act 2011-519, p. 830, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-226/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-226 - Causes of Action Not Abrogated.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-226 - Causes of Action Not Abrogated.
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Section 6-5-226
Causes of action not abrogated.
Nothing contained in this article shall be construed to abrogate any cause of action for products liability, or for breach of warranty, or for violation of the Alabama Extended Manufacturer's Liability Doctrine, or bar any cause of action or right of action against any party other than an architect, engineer, or builder as defined in this article.
(Acts 1994, No. 94-138, p. 183, §7.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-227/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-227 - Causes of Action for Breach of Written Express Warranty, Contract, or Indemnity Ag...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-227 - Causes of Action for Breach of Written Express Warranty, Contract, or Indemnity Against Architects, Engineers, and Builders.
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Section 6-5-227
Causes of action for breach of written express warranty, contract, or indemnity against architects, engineers, and builders.
Nothing contained in this article shall be construed to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes of action or rights of action in contract against architects, engineers, and builders as defined in this article arising out of breach of contract for written express warranties, contracts, or indemnities which by the written terms thereof shall extend beyond the period of seven years after the substantial completion of construction of an improvement on or to the real property. Any written express warranty, contract, or indemnity for the purposes of an action in contract based upon the written express warranty, contract, or indemnity shall be enforceable for the period of time specified in writing, and all civil actions in contract arising out of the written express warranty, contract, or indemnity against any architect, engineer, or builder who gave the written express warranty, contract, or indemnity must be commenced within two years next after the cause of action accrues or arises, and not thereafter; and no relief can be granted and shall be barred on any cause of action which accrues after the expiration of the term or period of said written express warranty, contract, or indemnity.
(Acts 1994, No. 94-138, p. 183, §8; Act 2011-519, p. 830, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-228/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-228 - Actions Relating to Sale or Disposition of Real Estate; Actions Against Persons Ot...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-228 - Actions Relating to Sale or Disposition of Real Estate; Actions Against Persons Other Than Architects, Engineers, or Builders.
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Section 6-5-228
Actions relating to sale or disposition of real estate; actions against persons other than architects, engineers, or builders.
Nothing contained in this article shall be construed as affecting any period of limitation for any cause of action arising out of or relating to the sale or disposition of real estate, or against any person other than architects, engineers, and builders as defined in this article.
(Acts 1994, No. 94-138, p. 183, §9.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-247/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-247 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-247 - Definitions.
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Section 6-5-247
Definitions.
Unless the context otherwise requires, the words defined in this section shall have the following meanings when found in this article:
(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction.
(2) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor's lien.
(3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money by the transfer of an interest in real property, such as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed mortgage or lien.
(Acts 1988, No. 88-441, p. 647, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-248/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-248 - Who May Redeem; Priorities.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-248 - Who May Redeem; Priorities.
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Section 6-5-248
Who may redeem; priorities.
(a) Where real estate, or any interest therein, is sold, it may be redeemed by:
(1) Any debtor, including any surety or guarantor.
(2) Any mortgagor, even if the mortgagor is not personally liable for payment of a debt.
(3) Any junior mortgagee, or its transferee.
(4) Judgment creditor, or its transferee.
(5) Any transferee of the interests of the debtor or mortgagor, either before or after the sale. A transfer of any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that party.
(6) The respective spouses of all debtors, mortgagors, or transferees of any interest of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure sale.
(7) Children, heirs, or devisees of any debtor or mortgagor.
(b) All persons named or enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted by this article within 180 days from the date of the sale for residential property on which a homestead exemption was claimed in the tax year during which the sale occurred, or within one year from the date of the sale for all other property.
(c)(1) When any judgment creditor or junior mortgagee or any transferee of a judgment creditor or a junior mortgagee redeems under this article, all recorded judgments, recorded mortgages, and recorded liens having a higher recorded priority in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and such shall become lawful charges pursuant to Section 6-5-253(a)(4) to be paid off at redemption.
(2) Once any lienholder, recorded judgment creditor, or junior mortgagee is paid the amount of the person's debt and any accrued interest and other contractual charges, the person has no further right to redeem.
(3) Any lienholder, recorded judgment creditor, or junior mortgagee with a lower recorded priority may redeem from those having a higher recorded priority who have redeemed.
(d) When any debtor, mortgagor, their transferees, their respective spouses, children, heirs, or devisees redeem, all recorded judgments, recorded mortgages, and recorded liens in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and further redemption by some party other than the mortgagor or debtor under this article is precluded.
(e)(1) When any debtor or mortgagor conveys his or her interest in property subject to a mortgage prior to sale wherein he or she is released from liability for the debt, his or her right of redemption under this article is terminated. In the same manner, the right of redemption granted under this article to the spouses, children, heirs, or devisees of debtors or mortgagors terminates when the debtors or mortgagors have conveyed their interests in the property and are released from liability for the debt.
(2) However, where debtors or mortgagors have conveyed their interests in the property but remain liable on the debt and are debtors at the date of the foreclosure sale, the debtors and mortgagors retain their right of redemption under this article and in the same manner, their spouses, children, heirs, or devisees continue to be entitled to the right of redemption under this article.
(f) A redemption made by any person under this article, other than the debtors or mortgagors and their respective spouses, children, heirs, or devisees, shall preclude any further redemption by the person.
(g) Subject to subsection (e), a mortgagor and debtor have priority over any other redeeming party and a mortgagor has priority over a debtor.
(h) The mortgagee who forecloses residential property on which a homestead exemption was claimed in the tax year during which the sale occurred shall give notice to the mortgagor who signed the mortgage in substance as follows: "Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process." This notice shall be mailed to the mortgagor at the address of the property subject to foreclosure at least 30 days prior to the foreclosure date by certified mail with proof of mailing. This notice also shall be included in the notice required pursuant to Section 35-10-13. For foreclosed residential property on which a homestead exemption was claimed in the tax year during which the sale occurred, the period of time during which a right of redemption may be exercised shall not begin until notice is given in accordance with this subsection; provided that under no circumstances may a right of redemption be exercised later than one year after the date of foreclosure. A defective notice, or the failure to give notice, will not affect the validity of the foreclosure, including the transfer of title to the property. Possession or production of the proof of mailing of this notice shall constitute an affirmative defense to any action related to the notice requirement. All actions related to the notice requirement must be brought within one year after the date of foreclosure or the action shall be barred.
(Acts 1988, No. 88-441, p. 647, §2; Act 2015-79, p. 283, §1; Act 2018-126, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-248-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-248.1 - Application of Act 2015-79.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-248.1 - Application of Act 2015-79.
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Section 6-5-248.1
Application of Act 2015-79.
(a) The amendments to Sections 6-5-248, 6-5-252, and 8-1-172, by Act 2015-79 are prospective and shall not apply to the following:
(1) Sales made under a power of sale contained in any mortgage or junior mortgage dated prior to January 1, 2016.
(2) Sales made pursuant to a statutory power of sale with respect to any mortgage or junior mortgage dated prior to January 1, 2016.
(3) Sales by virtue of a judgment rendered by a court prior to January 1, 2016.
(b) Except as provided in subsection (a), the amendments in Sections 6-5-248, 6-5-252, and 8-1-172 reducing the period during which a person is required to exercise the right of redemption or file his or her complaint shall apply to all sales of property foreclosed under a mortgage or sold by virtue of a judgment.
(Act 2015-79, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-249/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-249 - Rights Under This Article Extended to Executors and Administrators.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-249 - Rights Under This Article Extended to Executors and Administrators.
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Section 6-5-249
Rights under this article extended to executors and administrators.
(a) The rights of redemption secured by this article may be asserted, within the time limit provided, by
(1) the executor or administrator of any debtor or by the debtor's heirs or devisees;
(2) the executor or administrator of any mortgagor or by the mortgagor's heirs or devisees;
(3) the executor or administrator of any transferees, assignees, or vendees of the debtors or mortgagors or by their heirs or devisees; or
(4) the executor or administrator of any judgment creditor or junior mortgagee of the debtor or their transferees.
(b) The rights of redemption, secured by this article may be asserted, within the time limit provided, against
(1) the executor or administrator of any junior mortgagee or transferees or assignees of the junior mortgagee;
(2) the executor or administrator of any judgment creditor or transferees or assignees of any judgment creditor;
(3) the executor or administrator of the purchaser of the land or the executor or administrator of any assignee or transferees of the purchaser.
(Acts 1988, No. 88-441, p. 647, §3.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-250/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-250 - Characterization of Rights of Redemption Under This Article.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-250 - Characterization of Rights of Redemption Under This Article.
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Section 6-5-250
Characterization of rights of redemption under this article.
The statutory rights of redemption given or conferred by this article are mere personal privileges and not property or property rights. The privileges must be exercised in the mode and manner prescribed by statute and may not be waived in a deed of trust, judgment, or mortgage, or in any agreement before foreclosure or execution sale. The right of privilege conferred under this article is not subject to levy and sale under execution or attachment nor is it subject to alienation except in the cases provided for in this article; but if the right or privilege is perfected by redemption as provided in this article, then, and not until then, it becomes property or rights of property subject to levy, sale, alienation, or other disposition, except as is expressly authorized by statute.
(Acts 1988, No. 88-441, p. 647, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-251/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-251 - Delivery of Possession to Purchaser on Demand.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-251 - Delivery of Possession to Purchaser on Demand.
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Section 6-5-251
Delivery of possession to purchaser on demand.
(a) The possession of the land must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been made by, or on behalf of, the purchasers or purchaser's transferees.
(b) If the land is in the possession of a tenant, written notice must be given to the debtor or mortgagor, and the debtor or mortgagor must direct the tenant to deliver possession or recognize the purchaser as his or her landlord in the event the lease antedates the mortgage, judgment, or levy. If the debtor or mortgagor cannot be found, notice to the tenant is sufficient and he must deliver possession within 10 days.
(c) Failure of the debtor or mortgagor or anyone holding possession under him or her to comply with the provisions of this section forfeits the right of redemption of the debtor or one holding possession under the debtor.
(Acts 1988, No. 88-441, p. 647, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-252/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-252 - Demand for Statement of Debt and Lawful Charges by Person Entitled to Redeem.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-252 - Demand for Statement of Debt and Lawful Charges by Person Entitled to Redeem.
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Section 6-5-252
Demand for statement of debt and lawful charges by person entitled to redeem.
Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written demand, furnish the person making the demand with a written, itemized statement of all lawful charges claimed by him or her. The redeeming party must then tender all lawful charges to the purchaser or his or her transferee. If the purchaser or his or her transferee fails to furnish a written, itemized statement of all lawful charges within 10 days after demand, he or she shall forfeit all claims or right to compensation for improvements, and the party so entitled to redeem may, on the expiration of the 10 days, file his or her complaint without a tender to enforce his or her rights under this article and file a lis pendens with the probate court.
Tender or suit shall be made or filed within 180 days from foreclosure for residential property on which a homestead exemption was claimed in the tax year during which the foreclosure occurred, or within one year from foreclosure for all other property.
(Acts 1988, No. 88-441, p. 647, §6; Act 2015-79, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-253/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-253 - Payment or Tender of Purchase Money and Other Lawful Charges, With Interest.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-253 - Payment or Tender of Purchase Money and Other Lawful Charges, With Interest.
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Section 6-5-253
Payment or tender of purchase money and other lawful charges, with interest.
(a) Anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, with interest at the rate allowed to be charged on money judgments as set forth in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges, also with interest as aforesaid; lawful charges are the following:
(1) Permanent improvements as prescribed herein.
(2) Taxes paid or assessed.
(3) All insurance premiums paid or owed by the purchaser.
(4) Any other valid lien or encumbrance paid or owned by such purchaser or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens having a higher priority in existence at the time of sale which are revived under Section 6-5-248(c).
If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date.
(5) Mortgagees of the purchaser, or their transferees, are considered transferees of the purchaser, and a party redeeming must pay all mortgages made by the purchaser or his or her transferee on the land to the extent of the purchase price.
If the purchaser's mortgages do not exceed the amount of the purchase price, the balance must be paid to the purchaser.
(b) If the redeeming party is the debtor, mortgagor, their respective spouses, children, heirs, or devisees then, unless otherwise provided herein, the judgments, mortgages, and liens revived pursuant to 6-5-248(d) are not lawful charges as defined in subsection (a).
(c) The purchaser shall be entitled to all rents paid or accrued including oil and gas or mineral agreement rentals to the date of the redemption, and the rents must be prorated to such date. The purchaser or his or her transferee and his or her tenants shall have the right to harvest and gather the crops grown by them on the place for the year in which the redemption is made, but must pay a reasonable rent for the lands for the proportion of the current year to which such redemptioner may be entitled.
(d) Any one entitled and desiring to redeem shall be granted a credit as against the amount of money required to be paid for redemption as follows:
(1) For all timber cut or sold on the land by the purchaser or his or her transferees, during the statutory period of redemption.
(2) For any oil and gas, minerals (including coal bed gas), sand, and gravel, taken from the land or sold, and for advanced royalties or bonuses received by the purchaser or his or her transferees, during the statutory period of redemption.
(3) To the extent the value of the property is diminished when any structures or buildings are changed, removed, demolished, or destroyed by the purchaser or his or her transferees during the statutory period of redemption.
(Acts 1988, No. 88-441, p. 647, §7; Acts 1989, No. 89-525, p. 1074, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-254/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-254 - Payment of Value of Permanent Improvements; How Value of Improvements Ascertained.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-254 - Payment of Value of Permanent Improvements; How Value of Improvements Ascertained.
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Section 6-5-254
Payment of value of permanent improvements; how value of improvements ascertained.
(a) Any person offering to redeem must pay to the then holder of the legal title the value of all permanent improvements made on the land since the sale, and if the holder of the legal title cannot be ascertained, payment may be made to the circuit court of the county having jurisdiction of the subject matter when the complaint is filed to redeem. In response to written demand made under Section 6-5-252, the then holder of the legal title shall, within 10 days from the receipt of such demand, furnish the proposed redemptioner with the amount claimed as the value of such permanent improvements; and within 10 days after receipt of such response, the proposed redemptioner either shall accept the value so stated by the then holder of the legal title or, disagreeing therewith, shall appoint a referee to ascertain the value of such permanent improvements and in writing notify the then holder of the legal title of his or her disagreement and of the fact and name of the referee appointed by him or her. Within 10 days after the receipt of such notice, the then holder of the legal title shall appoint a referee to ascertain the value of the permanent improvements and advise the proposed redemptioner of the name of the appointee. The two referees shall, within 10 days after the then holder of the legal title has appointed his or her referee, meet and confer upon the award to be made by them. If they cannot agree, the referees shall at once appoint an umpire, and the award by a majority of such body shall be made within 10 days after the appointment of the umpire and shall be final between the parties.
(b) If a person offering to redeem fails or refuses to nominate a referee as provided in subsection (a) of this section, he or she must pay the value put upon the improvements by the then holder of the legal title. If the then holder of the legal title fails or refuses to appoint a referee, as provided in subsection (a) of this section, the then holder of the legal title shall forfeit his or her claim to compensation for such improvements. The failure of the referees, or either of them, to act or to appoint an umpire shall not operate to impair or to forfeit the right of either the proposed redemptioner or of the then holder of the legal title in the premises; and, in the event of failure without fault of the parties to effect an award, the appropriate court shall proceed to ascertain the true value of such permanent improvements and enforce the redemption accordingly.
(Acts 1988, No. 88-441, p. 647, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-255 - Failure or Refusal of Purchaser to Reconvey Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-255 - Failure or Refusal of Purchaser to Reconvey Title.
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Section 6-5-255
Failure or refusal of purchaser to reconvey title.
If the purchaser or his or her vendee or transferee fails or refuses to reconvey to such party entitled and desiring to redeem such title as the party acquired by the sale and purchase, such party so paying or tendering payment shall thereupon have the right to file in the circuit court having jurisdiction thereof a complaint to enforce his or her rights of redemption.
(Acts 1988, No. 88-441, p. 647, §9.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-256/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-256 - Settlement and Adjustment of Rights and Equities by Circuit Court When Complaint F...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-256 - Settlement and Adjustment of Rights and Equities by Circuit Court When Complaint Filed.
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Section 6-5-256
Settlement and adjustment of rights and equities by circuit court when complaint filed.
Upon the filing of any complaint as provided in these sections and paying into court the amount of purchase money and the interest necessary for redemption and all lawful charges, if the written statement thereof has been furnished or, if not furnished, offering to pay such debt or purchase price and all lawful charges, the circuit court shall take jurisdiction thereof and settle and adjust all the rights and equities of the parties, as provided in this article.
(Acts 1988, No. 88-441, p. 647, §10.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-14a/section-6-5-257/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 14A - Redemption of Real Estate.›Section 6-5-257 - Applicability.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-257 - Applicability.
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Section 6-5-257
Applicability.
This article applies only to mortgages foreclosed after January 1, 1989.
(Acts 1988, No. 88-441, p. 647, §11.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15/section-6-5-260/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15 - Personal Property Actions.›Section 6-5-260 - Deprivation of Owner of Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15 - Personal Property Actions. › Section 6-5-260 - Deprivation of Owner of Possession.
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Section 6-5-260
Deprivation of owner of possession.
The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an action lies.
(Code 1907, §2461; Code 1923, §5667; Code 1940, T. 7, §91.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15/section-6-5-261/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15 - Personal Property Actions.›Section 6-5-261 - Interference With Mere Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15 - Personal Property Actions. › Section 6-5-261 - Interference With Mere Possession.
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Section 6-5-261
Interference with mere possession.
Mere possession of a chattel, if without title or wrongfully, will give a right of action for any interference therewith, except as against the true owner or the person wrongfully deprived of possession.
(Code 1907, §2462; Code 1923, §5668; Code 1940, T. 7, §92.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15/section-6-5-262/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15 - Personal Property Actions.›Section 6-5-262 - Trespass - Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15 - Personal Property Actions. › Section 6-5-262 - Trespass - Generally.
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Section 6-5-262
Trespass - Generally.
Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered.
(Code 1907, §2463; Code 1923, §5669; Code 1940, T. 7, §93.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15/section-6-5-263/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15 - Personal Property Actions.›Section 6-5-263 - Trespass - Bailments.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15 - Personal Property Actions. › Section 6-5-263 - Trespass - Bailments.
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Section 6-5-263
Trespass - Bailments.
In case of bailments where the possession is in the bailee, a trespass committed during the existence of the bailment will give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with his general property.
(Code 1907, §2464; Code 1923, §5670; Code 1940, T. 7, §94.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15/section-6-5-264/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15 - Personal Property Actions.›Section 6-5-264 - Rights of Remainderman or Reversioner.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15 - Personal Property Actions. › Section 6-5-264 - Rights of Remainderman or Reversioner.
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Section 6-5-264
Rights of remainderman or reversioner.
A remainderman or reversioner of personalty may commence an action against a wrongdoer for any injury going to destroy the existence or ultimate value of the property. In such cases, the tenant in possession and remainderman or reversioner may sue jointly for the injury to the entire estate, the recovery being held under like limitations.
(Code 1907, §2465; Code 1923, §5671; Code 1940, T. 7, §95.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15a/section-6-5-270/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15A - Recovery for Theft of Merchandise.›Section 6-5-270 - Legislative Findings.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15A - Recovery for Theft of Merchandise. › Section 6-5-270 - Legislative Findings.
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Section 6-5-270
Legislative findings.
The Legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods have proven unsuccessful and costly to both the general public and to business.
The existing criminal justice system is overcrowded and burdened thereby causing unreasonable delay. Continual use of the criminal justice system for shoplifting and employee theft offenses creates a further strain on an already overcrowded criminal docket, thereby requiring more tax revenue to pay for a continual expansion of the criminal justice system.
The continuous growth of shoplifting and employee theft cases in the face of traditional efforts to control these offenses represent added cost to retailers which, in turn, is passed on to the consumer in higher prices. Additionally, the merchandise lost to theft is not converted to profit in the form of sales for the retailer which results in millions of dollars in tax revenues lost.
Therefore, the Legislature deems that the utilization of an alternative form of deterrence to eliminate shoplifting and employee theft which avoids the stigma of a criminal record is more desirable than the present system.
(Acts 1993, No. 93-676, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15a/section-6-5-271/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15A - Recovery for Theft of Merchandise.›Section 6-5-271 - Liability for Theft or Attempted Theft; Liability of Parents of Unemancipated Mino...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15A - Recovery for Theft of Merchandise. › Section 6-5-271 - Liability for Theft or Attempted Theft; Liability of Parents of Unemancipated Minor; Liability for Defrauding an Eating Establishment; Liability of Foster Home.
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Section 6-5-271
Liability for theft or attempted theft; liability of parents of unemancipated minor; liability for defrauding an eating establishment; liability of foster home.
(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the following:
(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.
(2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney's fees and court costs not to exceed $1000.
(b) Parents or legal guardians of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, to the merchant in an amount consisting of all of the following:
(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.
(2) Expenses for recovery of the merchandise in the amount of $200.
(3) Reasonable attorney's fees and court costs not to exceed $1000.
(4) Parents or legal guardians of an unemancipated minor under the age of 19 shall only be liable in a civil action in any calender year for up to three offenses under the provisions of this article with a maximum liability of $750 for each offense.
(c) A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves with the intent to defraud the eating establishment, without paying for the meal is subject to liability under this section, if such meal is received by the customer in a good and merchantable condition.
(d) Persons operating a certified foster home are not liable under this section for the acts of children not related to them by blood or marriage who are under their care, nor shall parents or legal guardians whose child is not living with them or where the juvenile violates Sections 13A-8-3, 13A-8-4 or 13A-8-5, with the intent to make the parent or legal guardian liable, be held liable under this article.
(Acts 1993, No. 93-676, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15a/section-6-5-272/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15A - Recovery for Theft of Merchandise.›Section 6-5-272 - Conviction or Plea of Guilty Not Prerequisite to Suit; Letter of Demand for Remitt...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15A - Recovery for Theft of Merchandise. › Section 6-5-272 - Conviction or Plea of Guilty Not Prerequisite to Suit; Letter of Demand for Remittance.
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Section 6-5-272
Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance.
(a) A conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this article.
(b) The fact that a merchant may bring a civil action against an individual as provided in this article shall not limit the right of the merchant to demand, in writing as set out in subsection (c) below, that a person who is liable for damages and penalties under this article remit the damages and penalties prior to the consideration of the commencement of any legal action.
(c) The demand letter must be prepared and include the following:
On (insert date), you were apprehended for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of action against the person who intentionally deprives or intends to deprive a retailer/merchant of any merchandise without paying for it. The statute further provides that, separate from, and in addition to, any criminal action arising from your conduct, you may be held civilly liable for:
(a) Cost of merchandise, if damaged;
(b) Expenses for the recovery of the merchandise of $200; and
(c) Court costs and reasonable attorneys' fees.
This letter represents a demand from you for $ (amount) as a means of satisfying this civil matter.
We do not wish to file a civil action against you. However, if we do not receive payment within 30 days from the date of this letter, we will make every effort to enforce our rights under this statute, which may include a civil court action.
(Acts 1993, No. 93-676, §3.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15a/section-6-5-273/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15A - Recovery for Theft of Merchandise.›Section 6-5-273 - Jurisdiction of Courts.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15A - Recovery for Theft of Merchandise. › Section 6-5-273 - Jurisdiction of Courts.
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Section 6-5-273
Jurisdiction of courts.
An action for recovery of damages and penalties under this article may be brought in any court of competent jurisdiction, including the small claims division of a district court in the county where the merchant is located, if the person or the parent or legal guardian of the unemancipated minor who committed the theft offense fails to make payment to the merchant of the amount specified in the demand within 30 days after the date of service of the written demand upon him or her, if the total damages do not exceed the jurisdictional limit of the small claims division.
(Acts 1993, No. 93-676, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15a/section-6-5-274/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15A - Recovery for Theft of Merchandise.›Section 6-5-274 - Attorney's Fees.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15A - Recovery for Theft of Merchandise. › Section 6-5-274 - Attorney's Fees.
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Section 6-5-274
Attorney's fees.
No attorney's fees shall be charged or collected unless a civil action has been filed under the provisions of this article.
(Acts 1993, No. 93-676, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-15a/section-6-5-275/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 15A - Recovery for Theft of Merchandise.›Section 6-5-275 - Construction of Article.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 15A - Recovery for Theft of Merchandise. › Section 6-5-275 - Construction of Article.
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Section 6-5-275
Construction of article.
This article shall not be construed to prohibit or limit any other course of action which a merchant may have against a person who unlawfully takes merchandise from the merchant's premises. Enforcement of this article is not a violation of Section 13A-10-7.
(Acts 1993, No. 93-676, §6.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-280/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-280 - Breach of Contract - Limitation on Actions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-280 - Breach of Contract - Limitation on Actions.
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Section 6-5-280
Breach of contract - Limitation on actions.
If a contract is entire, only one action can be commenced for breach thereof; but if it is severable or if the breaches occur at successive periods in an entire contract, as where money is to be paid by installments, an action will lie for each breach; provided, that all the breaches occurring up to the commencement of the action must be included therein.
(Code 1907, §2505; Code 1923, §5721; Code 1940, T. 7, §140.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-281/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-281 - Breach of Contract - Successive Actions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-281 - Breach of Contract - Successive Actions.
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Section 6-5-281
Breach of contract - Successive actions.
Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new claim arises therefrom.
(Code 1852, §2232; Code 1867, §2634; Code 1876, §2983; Code 1886, §2669; Code 1896, §34; Code 1907, §2494; Code 1923, §5706; Code 1940, T. 7, §133.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-282/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-282 - Breach of Contract - Ratable Compensation for Services.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-282 - Breach of Contract - Ratable Compensation for Services.
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Section 6-5-282
Breach of contract - Ratable compensation for services.
When a person contracts for the performance of services by himself for a stipulated period of time and is prevented from full performance of the contract by sickness or death, he or his personal representative, as the case may be, may recover a ratable compensation for the service actually rendered, notwithstanding the entirety of the contract.
(Code 1852, §2159; Code 1867, §2557; Code 1876, §2922; Code 1886, §2599; Code 1896, §33; Code 1907, §2493; Code 1923, §5705; Code 1940, T. 7, §132.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-283/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-283 - Joint Obligations and Promises.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-283 - Joint Obligations and Promises.
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Section 6-5-283
Joint obligations and promises.
When two or more persons are jointly bound by judgment, bond, covenant, or promise in writing of any description whatsoever, the obligation or promise is in law several as well as joint, and an action may be commenced thereon against the legal representatives of such as are dead, jointly with the survivors, and judgments entered accordingly.
(Code 1852, §2143; Code 1867, §2539; Code 1876, §2905; Code 1886, §2604; Code 1896, §39; Code 1907, §2503; Code 1923, §5719; Code 1940, T. 7, §138.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-284/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-284 - Instrument Lost or Destroyed by Theft, etc.; Evidence of Loss, Destruction and Con...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-284 - Instrument Lost or Destroyed by Theft, etc.; Evidence of Loss, Destruction and Contents; Execution Bond.
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Section 6-5-284
Instrument lost or destroyed by theft, etc.; evidence of loss, destruction and contents; execution bond.
(a) In an action commenced on a bond, note, bill of exchange, or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is made by the plaintiff of such loss or destruction and the contents thereof and that the same has not been paid or otherwise discharged and accompanies the complaint, it must be received as presumptive evidence both of the contents and loss or destruction of such instrument, unless the defendant by answer, verified by affidavit, denies the execution of such bond, note, or bill or the endorsement, acceptance, or the contents thereof, in which case proof of such execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that this section must not be so construed as to authorize an action for the recovery of bank notes or bills issued to circulate as money and alleged to be lost or destroyed. When the action is against an executor or administrator, he may controvert the oath of the plaintiff of the loss, destruction, or contents of the instrument sued on by swearing to the best of his knowledge and belief.
(b) No execution may issue on a judgment in an action on a lost or destroyed instrument until the plaintiff shall furnish such security as the court may require to indemnify the defendant against loss by reason of further claims on the instrument.
(Code 1852, §§2151, 2152; Code 1867, §§2549, 2550; Code 1876, §§2915, 2916; Code 1886, §§2597, 2598; Code 1896, §§31, 32; Code 1907, §§2491, 2492; Code 1923, §§5702, 5704; Code 1940, T. 7, §§129, 131.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-285/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-285 - Holder of Worthless Check, Draft, or Order.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-285 - Holder of Worthless Check, Draft, or Order.
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Section 6-5-285
Holder of worthless check, draft, or order.
The holder of a worthless check, draft, or order for the payment of money shall have a right of action against the person who unlawfully made, uttered, or delivered the same to him or to his endorser; and such action may be maintained though there has been no prosecution, conviction, or acquittal of the defendant for his unlawful act. Such action must be commenced within one year from the date of the unlawful act. The plaintiff in such action may recover such damages, both punitive and compensatory, including a reasonable attorney fee, as the jury or court trying the case may assess.
(Acts 1959, No. 567, p. 1426.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-286/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-286 - Defenses to Actions on Promissory Notes, Bonds, or Other Contracts.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-286 - Defenses to Actions on Promissory Notes, Bonds, or Other Contracts.
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Section 6-5-286
Defenses to actions on promissory notes, bonds, or other contracts.
Except as may be otherwise provided by the Uniform Commercial Code, actions on promissory notes, bonds, or other contracts, express or implied, for the payment of money are subject to any defense the payor, obligor, or debtor had against the payee, obligee, or creditor previous to notice of assignment or transfer.
(Code 1852, §2129; Code 1867, §2523; Code 1876, §2890; Code 1886, §2594; Code 1896, §28; Code 1907, §2489; Code 1923, §5699; Code 1940, T. 7, §126; Acts 1965, No. 549, p. 811.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-16/section-6-5-287/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 16 - Contracts, Promises and Notes.›Section 6-5-287 - Impeachment of or Inquiry Into Consideration of Sealed Instruments.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 16 - Contracts, Promises and Notes. › Section 6-5-287 - Impeachment of or Inquiry Into Consideration of Sealed Instruments.
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Section 6-5-287
Impeachment of or inquiry into consideration of sealed instruments.
A defendant may, by affirmative defense, impeach or inquire into the consideration of a sealed instrument in the same manner as if it had not been sealed.
(Code 1852, §2230; Code 1867, §2632; Code 1876, §2981; Code 1886, §2667; Code 1896, §3288; Code 1907, §5324; Code 1923, §9461; Code 1940, T. 7, §232.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-17/section-6-5-300/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 17 - Principal and Agent; Master and Servant.›Section 6-5-300 - Proof Act Was Committed by Agent, etc., Sufficient to Sustain Allegation Act Was C...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 17 - Principal and Agent; Master and Servant. › Section 6-5-300 - Proof Act Was Committed by Agent, etc., Sufficient to Sustain Allegation Act Was Committed by Party to Civil Action.
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Section 6-5-300
Proof act was committed by agent, etc., sufficient to sustain allegation act was committed by party to civil action.
In any civil action, it shall be permissible to allege in any pleading that any party or parties committed an act, and proof that any such party or parties committed such act by or through an agent, servant, or employee acting within the line and scope of his employment shall be sufficient proof of such allegation, subject, however, to the right of the party or parties against whom such testimony is offered to thereupon plead the statute of limitations which might have been applicable to the case made by the evidence offered.
(Acts 1957, No. 624, p. 895.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-330/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-330 - Breach of Contract to Marry.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-330 - Breach of Contract to Marry.
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Section 6-5-330
Breach of contract to marry.
No contract to marry which shall be made within this state after September 7, 1935, shall operate to give rise, either within or without this state, to any cause of action for breach thereof.
(Acts 1935, No. 356, p. 780; Code 1940, T. 7, §114.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-331/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-331 - :Alienation of Affections, Criminal Conversation, and Seduction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-331 - :Alienation of Affections, Criminal Conversation, and Seduction.
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Section 6-5-331
Alienation of affections, criminal conversation, and seduction.
There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over.
(Acts 1935, No. 356, p. 780; Code 1940, T. 7, §115.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332 - Persons Rendering Emergency Care etc., at Scene of Accident, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332 - Persons Rendering Emergency Care etc., at Scene of Accident, Etc.
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Section 6-5-332
Persons rendering emergency care etc., at scene of accident, etc.
(a) When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, Alabama-licensed emergency medical technician, intern, or resident practicing in an Alabama hospital with training programs approved by the American Medical Association, Alabama state trooper, medical aidman functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to a person injured therein, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.
(b) Any member of the crew of a helicopter which is used in the performance of military assistance to safety and traffic programs and is engaged in the performance of emergency medical service acts shall be exempt from personal liability for any property damages caused by helicopter downwash or by persons disembarking from the helicopter.
(c) When any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact, to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures.
(d) Any person who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any person designated by an operator furnishing a mine rescue team to supervise, assist in planning or provide service thereto, who, in good faith, performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions. Nothing contained in this subsection shall be construed to exempt from liability any person responsible for an overall mine rescue operation, including an operator of an affected facility and any person assuming responsibility therefor under federal or state statutes or regulations.
(e) A person or entity, who in good faith and without compensation renders emergency care or treatment to a person suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary prudent person would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the person rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the person who provides training in CPR and the use of the automated external defibrillator, and the person or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from the provision of immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama law.
(f) Any licensed engineer, licensed architect, licensed surveyor, licensed contractor, licensed subcontractor, or other individual working under the direct supervision of the licensed individual who participates in emergency response activities under the direction of, or in connection with, a community emergency response team, county emergency management agency, the state emergency management agency, or the Federal Emergency Management Agency shall not be liable for any civil damages as a result of any acts, services, or omissions provided without compensation, in such capacity if the individual acts as a reasonably prudent person would have acted under the same or similar circumstances. The immunity provided in this subsection shall apply to any acts, services, or omissions provided within 90 days after declaration of the emergency.
(g) Any person, who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person if the individual acts as a reasonably prudent person would have acted under the same or similar circumstances.
(Acts 1966, Ex. Sess., No. 253, p. 377; Acts 1975, No. 1233, p. 2594; Acts 1981, No. 81-804, p. 1427; Acts 1987, No. 87-390, p. 558, §1; Acts 1993, No. 93-373, §1; Act 99-370, p. 595, §3; Act 2006-104, p. 134, §1; Act 2011-579, p. 1253, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332.1 - Immunity of Persons Assisting or Advising as to Mitigation of Effects of Dischar...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332.1 - Immunity of Persons Assisting or Advising as to Mitigation of Effects of Discharge of Hazardous Materials; Nonimmunity of Certain Persons.
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Section 6-5-332.1
Immunity of persons assisting or advising as to mitigation of effects of discharge of hazardous materials; nonimmunity of certain persons.
(a) As used in this section, the following words and terms shall have meanings respectively ascribed to them by this section:
(1) DISCHARGE. Includes leakage, seepage, or other release.
(2) HAZARDOUS MATERIALS. Includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.
(3) PERSON. Includes any qualified individual, partnership, corporation, association, or other entity. A qualified individual is one who is trained in the handling of hazardous materials.
(b) Notwithstanding any provision of law to the contrary, no person, including a response action contractor as defined in Section 22-35-3, who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of, or in attempting to prevent, clean up, or dispose of any such discharge, shall be subject to civil liabilities or penalties of any type.
(c) The immunities provided in subsection (b) of this section shall not apply to any person whose acts or omissions proximately caused, in whole or in part, the original actual or threatening discharge or any additional or further actual or threatening discharge.
(d) Nothing in subsection (b) of this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence, or from such person's reckless, wanton, or intentional misconduct.
(e) Nothing in subsection (b) of the this section shall be construed to limit or otherwise affect the liability of any product manufacturer or seller for damages where such manufacturer or seller's product proximately caused, in whole or in part, the original actual or threatening discharge; any additional or further actual or threatening discharge; or the additional or further migration of the original actual discharge.
(Acts 1986, No. 86-539, p. 1050; Act 2015-466, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332.2 - Immunity of Persons Responding to Oil Spills.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332.2 - Immunity of Persons Responding to Oil Spills.
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Section 6-5-332.2
Immunity of persons responding to oil spills.
(a) This section shall be known and may be cited as the Alabama Act Regarding Liability for Persons Responding to Oil Spills.
(b) For the purposes of this section, the following terms shall have the following meanings:
(1) DAMAGES. Damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge, or threatened discharge of oil.
(2) DISCHARGE. Any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(3) FEDERAL ON-SCENE COORDINATOR. The federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D of the National Contingency Plan, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan.
(4) NATIONAL CONTINGENCY PLAN. The National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act [33 U.S.C. 1321(d)], as amended by the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).
(5) OIL. Oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, gasoline, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(6) PERSON. An individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body.
(7) REMOVAL COSTS. The costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
(8) RESPONSIBLE PARTY.
a. Vessels. In the case of a vessel, any person owning, operating, or demise chartering the vessel.
b. Onshore Facilities. In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit.
c. Offshore Facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable state law or the Outer Continental Shelf Lands Act (43 U.S.C. 1301-1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit.
d. Deepwater Ports. In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524), the licensee.
e. Pipelines. In the case of a pipeline, any person owning or operating the pipeline.
f. Abandonment. In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility.
(c) (1) Notwithstanding any other provision of law, a person, including a response action contractor as defined in Section 22-35-3, is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator or by any state official with responsibility for oil spill response.
(2) Subdivision (1) of this subsection does not apply:
a. to a responsible party;
b. with respect to personal injury or wrongful death;
c. if the person is grossly negligent or engages in wanton or willful misconduct: or
d. If the person's act(s) or omission(s) proximately caused, in whole or in part, the original actual or threatening discharge; or any additional or further actual or threatening discharge.
(3) A responsible party is liable for any removal costs and damages that another person is relieved of under subdivision (1).
(4) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
(Acts 1991, No. 91-470, p. 852, §§1-3; Act 2015-466, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332.3 - Use of Automated External Defibrillator.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332.3 - Use of Automated External Defibrillator.
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Section 6-5-332.3
Use of automated external defibrillator.
(a) As used in Section 6-5-332, the term "automated external defibrillator" or "AED" means a medical device heart monitor and defibrillator that meets all of the following specifications:
(1) Is commercially distributed in accordance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.).
(2) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed.
(3) Upon determining that defibrillation should be performed, semiautomatically or automatically charges and delivers an electrical impulse through the chest wall and to an individual's heart.
(b) A person or entity that acquires an AED shall ensure all of the following:
(1) That expected defibrillator users are encouraged to successfully complete a course in automated external defibrillation and cardiopulmonary resuscitation (CPR) that is offered or approved by a nationally recognized organization and includes instruction on psychomotor skills and national evidence-based emergency cardiovascular guidelines that are current.
(2) That the defibrillator is maintained and tested according to the manufacturer's operational guidelines.
(c) Each manufacturer shall provide in-service training materials on the AED use and operation to each person or entity who acquires the AED.
(d) A person or entity who acquires an automated external defibrillator shall notify thedistributor of the AED if any change of ownership of the AED occurs.
(e) This section shall not apply to an individual using an AED in an emergency setting if that individual is acting as a good samaritan pursuant to Section 6-5-332.
(Act 99-370, p. 595, §§1, 2; Act 2015-161, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332.4 - Persons Who Rescue Child or Incapacitated Person From Unattended Motor Vehicle.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332.4 - Persons Who Rescue Child or Incapacitated Person From Unattended Motor Vehicle.
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Section 6-5-332.4
Persons who rescue child or incapacitated person from unattended motor vehicle.
(a) As used in this section, the following terms shall have the following meanings:
(1) INCAPACITATED PERSON. A person as defined in Section 26-2A-20.
(2) MOTOR VEHICLE. A motor vehicle as defined in Section 32-1-1.1.
(b) A person who enters a motor vehicle by force or otherwise, for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from civil liability for damage to the motor vehicle if the person meets all of the following requirements:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.
(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter.
(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.
(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.
(Act 2017-241, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332.5 - Persons Who Rescue Child or Incapacitated Person From Unattended Motor Vehicle;...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332.5 - Persons Who Rescue Child or Incapacitated Person From Unattended Motor Vehicle; Public Safety Officials.
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Section 6-5-332.5
Persons who rescue child or incapacitated person from unattended motor vehicle; public safety officials.
(a) As used in this section, the following terms shall have the following meanings:
(1) CHILD. A person who is under nine years of age.
(2) INCAPACITATED PERSON. As defined in Section 26-2A-20.
(3) MOTOR VEHICLE. As defined in Section 32-1-1.1.
(4) PUBLIC SAFETY OFFICIAL. An individual employed by a law enforcement agency, fire department, or 911 emergency service.
(b) No person shall leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person. A vehicle that has an ambient interior temperature of 99 degrees Fahrenheit or less shall be presumed safe.
(c) A person who enters a motor vehicle by force or otherwise at the direction of a public safety official for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from criminal liability for damage to the motor vehicle if the person meets all of the following requirements:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.
(3) Contacts a public safety official before entering the motor vehicle, provides information requested by the public safety official, and remains in contact with the public safety official until the child or incapacitated person is in a safe condition.
(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.
(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.
(d) A public safety official who has been contacted by a person reporting a child or incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person shall immediately dispatch a locksmith or towing company with vehicle lockout capabilities and attempt to make contact with a registered vehicle owner and the vehicle operator.
(e) A public safety official, acting reasonably in the course of his or her employment and pursuant to this section, shall be immune from criminal liability and civil liability in accordance with Section 36-1-12.
(Act 2019-475, §§1-2.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-332-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-332.6 - Persons Who Provide Transportation to Health Care Facility or Health Care Provid...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-332.6 - Persons Who Provide Transportation to Health Care Facility or Health Care Provider Under Certain Circumstances.
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Section 6-5-332.6
Persons who provide transportation to health care facility or health care provider under certain circumstances.
(a) A person who, in good faith, and not for compensation, provides an individual transportation to a health care facility or health care provider is not subject to civil liability for negligence claimed by the individual receiving the transportation, if the provider could not have reasonably anticipated the particular harm caused by the negligent act while acting in the line and scope of a volunteer in providing transportation, or the act or omission was not the result of the provider's willful or wanton misconduct. The immunity provided in this subsection includes transportation from an individual's residence.
(b) Acceptance by the transportation provider of a gratuitous contribution or donation made by the individual receiving transportation services does not constitute a waiver of immunity under this section.
(Act 2019-450, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-333 - Dentists, Chiropractors, and Physicians Serving on Utilization and Quality Control...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-333 - Dentists, Chiropractors, and Physicians Serving on Utilization and Quality Control Committees, Peer Review Committees, or Professional Standards Review Committees; Consultants Thereto and Employees Thereof; Dental, Chiropractic and Medical Societies and Associations; Appeal to Alabama Dental Association; Confidentiality.
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Section 6-5-333
Dentists, chiropractors, and physicians serving on utilization and quality control committees, peer review committees, or professional standards review committees; consultants thereto and employees thereof; dental, chiropractic and medical societies and associations; appeal to Alabama Dental Association; confidentiality.
(a) Any dentist, chiropractor, or physician licensed to practice medicine in Alabama who serves on a peer review or a utilization and quality control committee or professional standards review committee or a similar committee or a committee of similar purpose or any dentist, physician, chiropractor, or individual who serves as a consultant or employee to one of said committees established either by a dental society or dental association or by a chiropractic society or chiropractic association or by a state medical association or county medical society to review any aspect of dental care, chiropractic care, or medical care at the request of a government agency, a patient, dentist, provider of dental benefits, chiropractor, provider of chiropractic benefits, physician licensed to practice medicine in Alabama, or third party insurer shall not be liable to any person for damages as a result of any action taken or recommendation made by him within the scope of his function as a member of or employee or consultant to such review committee if such action was taken or recommendation made without malice and in a reasonable belief that such action or recommendation is warranted by the facts made known to him. No dental association or dental society, chiropractic association or chiropractic society, or state medical association or county medical society shall be liable for damages for any action taken or recommendation made by a review committee or any member of said committee or consultants or employees to said committee.
(b) Within the words and meaning of this section, a "committee" shall mean members of a committee of dentists, chiropractors, or physicians licensed to practice medicine in Alabama formed or appointed to evaluate the diagnosis or the performance of services of other dentists or dental auxiliary personnel, chiropractors or chiropractic auxiliary personnel or physicians licensed to practice medicine in Alabama or physician auxiliary personnel when such evaluation is requested by a government agency, by the fiscal intermediary responsible for the administration of group health care programs, by the recipient of dental, chiropractic, or medical services, or by a dentist, chiropractor, or physician licensed to practice medicine in Alabama.
(c) The provider or recipient of dental services evaluated by a review committee described in subsections (a) and (b) of this section shall have the right to appeal the decisions of said review committee to the Alabama Dental Association. No provider of dental care services or recipient of same or fiscal intermediary or government agency shall be bound by a ruling of a review committee established pursuant to this section on a controversy, dispute, or question unless he agrees in advance either specifically or generally to be bound by the ruling.
(d) All information, interviews, reports, statements, or memoranda furnished to any committee as defined in this section, and any findings, conclusions, or recommendations resulting from the proceedings of such committee are declared to be privileged. The records and proceedings of any such committees shall be confidential and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee and shall not be public records nor be available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business by a hospital, dentist, dental auxiliary personnel, chiropractor, chiropractic auxiliary personnel, physician, physician auxiliary personnel, or other provider of health care and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during proceedings of such committee.
(Acts 1975, No. 1238, p. 2604; Acts 1981, 2nd Ex. Sess., No. 81-1080, p. 330, §1; Acts 1982, No. 82-273, p. 341, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-334 - Employees of Medical Services Administration, etc., Investigating and Bringing Cha...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-334 - Employees of Medical Services Administration, etc., Investigating and Bringing Charges Against Doctors, etc., Relating to Fraud or Abuse of Medicaid Program, Etc.
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Section 6-5-334
Employees of medical services administration, etc., investigating and bringing charges against doctors, etc., relating to fraud or abuse of Medicaid program, etc.
Any employee of the medical services administration and any other state employee who has the authority to investigate and bring charges against doctors or providers of health care relating to medical payments and cases of alleged fraud or abuse of the Medicaid program shall be relieved and exempt from civil liability arising from said investigation or charges so long as such investigation and charges have been made in good faith without malice and on the basis of facts reasonably known or reasonably believed.
(Acts 1976, No. 693, p. 960, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-335/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-335 - Volunteer Firemen or Rescue Squad Members Entering Burning Buildings, etc., and At...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-335 - Volunteer Firemen or Rescue Squad Members Entering Burning Buildings, etc., and Attempting to Preserve and Protect Said Buildings, Property Therein, Etc.
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Section 6-5-335
Volunteer firemen or rescue squad members entering burning buildings, etc., and attempting to preserve and protect said buildings, property therein, etc.
When any member of any organized rescue squad or volunteer nonprofit fire department, gratuitously and in good faith, enters any building, house, or structure which is burning or endangered by fire and makes efforts to preserve and protect said property and any other property contained therein or located on the premises thereof, such members shall not be liable for any civil damages for such entering or as result of any acts or omissions in rendering such efforts; nor shall such members be liable for any civil damages in rendering such efforts for their acts or omissions causing injuries to fellow volunteers or to owners of said property; provided, however, that this section shall not apply to civil damages for wanton misconduct.
(Acts 1976, No. 675, p. 925; Acts 1979, No. 79-625, p. 1107.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-336/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-336 - Volunteers.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-336 - Volunteers.
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Section 6-5-336
Volunteers.
(a) This section shall be known as "The Volunteer Service Act."
(b) The Legislature finds and declares that:
(1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;
(2) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations;
(3) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.
(c) For the purposes of this section, the meaning of the terms specified shall be as follows:
(1) GOVERNMENTAL ENTITY. Any county, municipality, township, school district, chartered unit, or subdivision, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officer, task force, or other agency of any state;
(2) NONPROFIT CORPORATION. Any corporation which is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a);
(3) NONPROFIT ORGANIZATION. Any organization which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), as amended;
(4) VOLUNTEER. A person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:
(1) The volunteer was acting in good faith and within the scope of such volunteer's official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and
(2) The damage or injury was not caused by willful or wanton misconduct by such volunteer.
(e) In any suit against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the responsibility of the organization therefor under the doctrine of "respondeat superior," notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (d).
(Acts 1991, No. 91-439, p. 781, §§1-4; Acts 1993, No. 93-614, p. 1006, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-337 - Immunity of Those Involved in Equine Activities.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-337 - Immunity of Those Involved in Equine Activities.
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Section 6-5-337
Immunity of those involved in equine activities.
(a) The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from equine activities. The Legislature finds, determines, and declares that for the immediate preservation of the public peace, health, and safety, and to encourage equine activities, this legislation is to limit the civil liability of those involved in equine activities.
(b) As used in this section, the following words shall mean the following unless the context clearly indicates otherwise:
(1) ENGAGES IN AN EQUINE ACTIVITY. Riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management in equine activities. The term does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.
(2) EQUINE. A horse, pony, mule, donkey, ass, or hinny.
(3) EQUINE ACTIVITY. Any of the following:
a. Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to: Dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting.
b. Equine training or teaching activities, or both.
c. Boarding equines.
d. Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine.
e. Rides, trips, hunts, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine-activity sponsor.
f. Placing or replacing horseshoes on an equine.
g. Examining or administering medical treatment to an equine by a veterinarian.
(4) EQUINE ACTIVITY SPONSOR. An individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.
(5) EQUINE PROFESSIONAL. A person engaged for compensation in:
a. Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine.
b. Renting equipment or tack to a participant.
c. Examining or administering medical treatment to an equine as a veterinarian.
(6) INHERENT RISKS OF EQUINE ACTIVITIES. Those dangers or conditions which are an integral part of equine activities, including, but not limited to:
a. The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.
b. The unpredictability of the reaction of an equine to sounds, sudden movement, and unfamiliar objects, persons, or other animals.
c. Certain hazards such as surface and subsurface conditions.
d. Collisions with other equines or objects.
e. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.
(7) PARTICIPANT. Any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
(c)(1) Except as provided in subdivisions (c)(2) and (c)(3), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subdivisions (c)(2) and (c)(3), no participant or representative of a participant shall make any claim against, maintain an action against, or recover from an equine-activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
(2) Nothing in subdivision (c)(1) shall prevent or limit the liability of an equine-activity sponsor, an equine professional, or any other person if the equine-activity sponsor, equine professional, or person:
a. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury.
b. Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant's representations of his or her ability.
c. Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine-activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted.
d. Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.
e. Intentionally injures the participant.
(3) Nothing in subdivision (c)(1), shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws.
(d)(1) Every equine professional and every equine-activity sponsor shall post and maintain signs which contain the warning notice specified in subdivision (d)(2). Signs shall be placed in a clearly visible location on or near stables, corrals, or areas where the equine professional or the equine-activity sponsor conducts equine activities. The warning notice specified in subdivision (d)(2) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine-activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine-activity sponsor's business, shall contain in clearly readable print the warning notice specified in subdivision (d)(2).
(2) The signs and contracts described in subdivision (d)(1) shall contain the following warning notice:
WARNING
Under Alabama law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to the Equine Activities Liability Protection Act.
(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine-activity sponsor or equine professional from invoking the privileges of immunity provided by this section.
(Acts 1993, No. 93-601, p. 976, §§1-4; Act 2004-627, p. 1421, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-338 - Immunity of Peace Officers and Tactical Medics From Tort Liability for Conduct in...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-338 - Immunity of Peace Officers and Tactical Medics From Tort Liability for Conduct in the Line of Duty; Certain Employers of Off-Duty Officers to Maintain Liability Coverage.
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Section 6-5-338
Immunity of peace officers and tactical medics from tort liability for conduct in the line of duty; certain employers of off-duty officers to maintain liability coverage.
(a) Every peace officer and tactical medic, except constables, who is employed or appointed pursuant to the Constitution or statutes of this state, whether appointed or employed as a peace officer or tactical medic by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the Constitution or laws of this state and authorized by the Constitution or laws to appoint or employ police officers or other peace officers or tactical medics, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, and who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state, shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties.
(b) This section is intended to extend immunity only to peace officers and governmental units or agencies authorized to appoint peace officers. No immunity is extended hereby to any private non-governmental person or entity, including any private employer of a peace officer during that officer's off-duty hours.
(c) Every private, non-governmental person or entity who employs a peace officer or tactical medic during that officer's "off-duty" hours to perform any type of security work or to work while in the uniform of a peace officer shall have in force at least $100,000 of liability insurance, which insurance must indemnify for acts the "off-duty" peace officer takes within the line and scope of the private employment. The failure to have in force the insurance herein required shall make every individual employer, every general partner of a partnership employer, every member of an unincorporated association employer, and every officer of a corporate employer individually liable for all acts taken by an "off-duty" peace officer within the line and scope of the private employment.
(d) The term tactical medic, as used in this section, means a firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit to provide medical services at high risk incidences including hostage incidents, narcotic raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded suspect, felony warrant service, and fugitives refusing to surrender.
(Acts 1994, No. 94-640, p. 1200, §§1-3; Act 2016-294, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-339 - Volunteer Medical Professionals.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-339 - Volunteer Medical Professionals.
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Section 6-5-339
Volunteer medical professionals.
Repealed by Act 2000-680, § 1, 2000 Regular Session, effective August 1, 2000.
(Act 98-297, p. 484, §§1-4.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-340/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-340 - Computer Failure or Malfunction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-340 - Computer Failure or Malfunction.
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Section 6-5-340
Computer failure or malfunction.
(a) Whenever used in this section, the following words and terms shall have the following meanings:
(1) GOVERNMENTAL CORPORATION AND AUTHORITY. Any public or private corporation, board, or authority established pursuant to a general or local law by state, county, or municipal government for the purpose of carrying out a specific governmental function.
(2) GOVERNMENTAL ENTITY. The state, any municipality, or any county in the state; any department, agency, board, or commission of a municipality, a county, or the state; any legislative or regulatory body of the state, or of any municipality or county; any state, municipal, or county governmental corporation or authority; any state university or community college, including any publicly funded trade or technical school; the State Board of Education, and all county, municipal, and city-county public school boards; any state, county, or municipal hospital boards when such boards are instrumentalities of the state, municipality, or county or organized pursuant to authority from the state, a municipality, or a county; and any other boards, commissions, authorities, agencies, or associations authorized by statute to perform, administer, or oversee a governmental function.
(3) INDEPENDENT CONTRACTOR. Any person, firm, or agency, and any employee of such person, firm, or agency who is not a permanent full-time or part-time employee of the governmental entity, and does not appear on any permanent or regular employee rosters such as payroll, worker's compensation, Social Security, or other retirement or pension plan, but periodically provides services to a governmental entity or any official or employee thereof pursuant to a contractual arrangement and is paid by the governmental entity pursuant to the contractual arrangement or for services rendered or work and labor performed.
(4) LEGISLATIVE BODY. The Senate of Alabama, the House of Representatives of Alabama, a county commission, city council, city commission, town council, or municipal council or commission, and any committee or subcommittee thereof.
(5) PUBLIC EMPLOYEE. A person permanently employed full-time or part-time by a governmental entity or instrumentality thereof who is paid in whole or in part from state, county, or municipal funds. A public employee shall not include an independent contractor or any person providing services to a governmental entity or a public official or employee thereof pursuant to any type of written or oral contractual arrangement.
(6) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at the state, county, or municipal level of government or their instrumentalities, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities and boards or commissions which fall under the definition of governmental entity.
(7) REGULATORY BODY. A state agency which issues regulations in accordance with the Alabama Administrative Procedure Act or a state, county, or municipal department, agency, board, or commission which controls, according to rule or regulation, the activities, business licensure, or functions of any group, person, or persons.
(b)(1) No civil action, including, without limitation, any action for declaratory or injunctive relief, may be brought against any public official, public employee, governmental entity, governmental corporation or authority, legislative body, regulatory body, or independent contractor for actions attempting to fix the Y2K problem of an entity mentioned in subsection (a), and none of the aforementioned persons or entities shall be liable in damages, compensatory or punitive, for any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design. Provided however, nothing contained in this section shall relieve any public official, public employee, or governmental entity from the performance of any statutory or administrative duties or obligations or from the payment of financial obligations. The immunity granted by this section shall be in addition to the sovereign immunity granted by Article I, Section 14, Constitution of Alabama of 1901, and the substantive immunity otherwise provided by Alabama law.
(2) Nothing in this section shall be construed to prevent the governmental entity itself or public officials acting on the government's behalf from bringing an action for any compensatory or punitive damages which is permissible under current law.
(Act 99-371, §§1, 2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-341 - Liability for Operation or Use of Sport Shooting Range.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-341 - Liability for Operation or Use of Sport Shooting Range.
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Section 6-5-341
Liability for operation or use of sport shooting range.
(a) As used in this section, the following words shall have the following meanings:
(1) GOVERNMENTAL BODY. The State of Alabama or any county or municipal governing body, agency, board, commission, committee, council, department, district, or any other public body corporate and politic created by constitution, statute, ordinance, rule, or order.
(2) PROPERTY. Real property and buildings, structures, and improvements thereon.
(3) SPORT SHOOTING RANGE. An area designed and used for rifle shooting, pistol shooting, trapshooting, skeetshooting, or other target shooting and related training or practice for the purpose of sharpshooting or improving in the use of firearms.
(b)(1) This section applies to all private or public civil, injunctive, and nuisance actions.
(2) Notwithstanding any other provision of law, any person, firm, or entity who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution resulting from the operation or use of the range if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurs first.
(3) Any person, firm, or entity who operates or uses a sport shooting range is not subject to an action for nuisance and is not subject to injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise control or lead control laws or ordinances applying to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurs first.
(4) Except as expressly provided herein, nothing in this section nor the common law doctrine of attractive nuisance shall create any duty of care or grounds for liability toward any person using the property of another for a sport shooting range.
(c) No public street or alley shall be opened through a tract of property used or occupied as a sport shooting range, unless the necessity of the street or alley is first established by verdict of a jury upon a showing of extreme need and impossibility of redirecting or rerouting the street or alley to accommodate the sport shooting range.
(d) Rules or regulations adopted by any governmental body limiting levels of noise in terms of decibel level which may occur in the atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(e) Rules or regulations adopted by any governmental body limiting levels of lead occurring in the atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(Act 2001-470, p. 626, §§1-5.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-342 - Skateboarding, Roller Skating in Parks or Rinks.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-342 - Skateboarding, Roller Skating in Parks or Rinks.
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Section 6-5-342
Skateboarding, roller skating in parks or rinks.
(a) The purpose of this section is to encourage owners of property to make land available for skateboarding or roller skating activities in areas specifically designed for that purpose. It is recognized that there are certain risks and dangers involved in skateboarding and roller skating activities, including skating itself, riding, assisting, and observing. Property owners have been reluctant or failed to make property available for skateboarding and roller skating activities because of the inherent risks in the activity, the exposure to liability, and the prohibitive cost of insurance, if insurance can be obtained for the activities. The recreational sports of skateboarding and roller skating are a wholesome and healthy family activity that should be encouraged. The allocation of risks and costs of skateboarding and roller skating activities is an important matter of public policy.
(b) Any person who participates in or assists in roller skating or skateboarding in a park or rink designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in roller skating and skateboarding activities and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding or roller skating activities in a rink or park designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in this activity and is legally responsible for all damages, injury, or death to himself or herself which result from these activities.
(c) Every operator of a skateboard or roller skating park or rink shall post and maintain a warning sign in a clearly visible location at the entrance of the park or rink and any other conspicuous location within the park or rink as specified in this section. The sign shall serve as a warning to the roller skaters, skateboarders, assistants, spectators, and any others involved in this activity that the operator of the park or rink has limited civil liability under Alabama law for skateboarding and roller skating activities occurring at the park or rink. Failure to comply with the requirements concerning warning signs provided in this section shall prevent an operator of a park or rink from invoking the privileges of immunity provided by this section. The warning notice shall appear on the sign in black letters with each letter to be a minimum of one inch in height and shall contain the following notice:
"WARNING
"Under Alabama law, a skateboard or roller skating park or rink operator is not liable for injury, damages, or death of a participant, assistant, or spectator in skateboarding or roller skating activities in the park or rink resulting from the inherent risks of skateboarding or roller skating activities. If skateboarding is permitted in this facility, any person skateboarding in this facility must wear appropriate protective equipment including a helmet, elbow pads, and knee pads."
(d) Any person participating in skateboarding or roller skating activities in a skateboard or roller skating park or rink, including participation as an assistant or spectator, is responsible for the following:
(1) Acting within the limits of his or her ability and the purpose and design of the equipment used.
(2) Maintaining control of his or her person and the equipment used.
(3) Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself or other persons.
(e) Any person operating a skateboard or roller skating park or rink is responsible for the following:
(1) Posting and maintaining the required warning notice in one or more conspicuous places in the park or rink.
(2) Complying with all state and local safety codes regarding the conditions of the park or rink, including, but not limited to, the physical facilities such as safe lighting, fire extinguishers placed at appropriate intervals, railings, and the number of participants, assistants, and spectators permitted in the facility.
(3) Maintaining the stability and safety of skating surfaces.
(f) Each participant in roller skating and skateboarding activities, including roller skaters, skateboarders, assistants, and spectators, is deemed to have read and understood the warning notice required pursuant to subsection (c).
(Act 2003-399, p. 1147, §§1-6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-343 - Liability for Farmer Allowing Nonprofit Entity Onto Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-343 - Liability for Farmer Allowing Nonprofit Entity Onto Property.
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Section 6-5-343
Liability for farmer allowing nonprofit entity onto property.
Notwithstanding any law to the contrary, any farmer, as an owner, lessee, occupant, or person otherwise in control of land, who allows without compensation another person who is employed by or who is an agent of a nonprofit entity to enter upon the land for the purpose of removing any crops remaining in the farmer's fields following the harvesting of the crops, owes that person the same duty of care the farmer owes a trespasser. For purposes of this section a nonprofit entity is an entity that is exempt from federal income tax under 26 U.S.C. Section 501(c)(3).
(Act 2004-367, p. 598, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-344 - Volunteer Athletic Coach, Manager, or Official.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-344 - Volunteer Athletic Coach, Manager, or Official.
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Section 6-5-344
Volunteer athletic coach, manager, or official.
(a) Notwithstanding any provision of law to the contrary, no person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team which is organized or performing as a nonprofit or similar entity or which is a member team in a league affiliated with an organized county or municipal recreation department, shall be liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts or omissions arising out of and in the course of rendering that service or assistance.
(b) This section shall apply to competitions, instruction, practice, and other activities related to the organized sport.
(c) Nothing in this section shall grant immunity to any of the following:
(1) Any person causing damage by his or her willful, wanton, or grossly negligent act or omission.
(2) Any coach, manager, assistant, or official who has not participated in a safety and training skills program which shall include, but not be limited to, injury prevention, first aid procedures, and general coaching concepts.
(3) Any person causing damage or injury as a result of his or her negligent operation of a motor vehicle.
(4) Any person for any damage caused by that person permitting a competition or practice to be conducted without supervision.
(Act 2006-605, p. 1668, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-345/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-345 - Duty of Care Owed by Possessor of Real Property to Certain Trespassers.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-345 - Duty of Care Owed by Possessor of Real Property to Certain Trespassers.
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Section 6-5-345
Duty of care owed by possessor of real property to certain trespassers.
(a) For the purpose of this section, the following words have the following meanings:
(1) POSSESSOR OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant of real property.
(2) TRESPASSER. A person who goes upon the premises of another without permission or invitation, expressed or implied, or who, after rightfully entering upon the premises of another, remains on the premises after consent or license to enter or use the premises has been terminated.
(b)(1) A possessor of real property owes no duty of care to a trespasser except to:
a. Refrain from causing wanton or intentional injury, including by a trap or pitfall.
b. Exercise reasonable care to avoid causing injury to a known trespasser in a position of peril and to use reasonable care to warn a known trespasser of dangers known by the possessor to exist on the property.
c. Exercise reasonable diligence to warn a trespasser of dangers known after discovery that the trespasser is in a position of peril after the possessor has knowledge of the presence of the trespasser.
d. Exercise reasonable care to warn a known trespasser of dangers known by the possessor to exist on the property after the possessor becomes aware of the danger to the trespasser. Nothing in this section shall diminish, change, amend, or otherwise affect the open and obvious doctrine.
(2) A possessor of real property, however, may cause injury or use force to prevent or terminate a trespass as permitted at common law or in Title 13A, Chapter 3, Article 2.
(c) Notwithstanding the provisions of subsection (b), a possessor of real property may be subject to liability for physical injury or death to a child trespasser caused by an artificial condition upon the real property of the possessor, if all of the following apply:
(1) The place where the condition existed is one upon which the possessor knew or had reason to know that a child would be likely to trespass.
(2) The condition is one of which the possessor knew or had reason to know and which the possessor realized or should have realized would involve an unreasonable risk of death or serious bodily harm to a child.
(3) The injured child, because of his or her youth, did not discover the condition or realize the risk involved in intermeddling with the condition or in coming within the area made dangerous by it.
(4) The utility to the possessor of maintaining the condition and the burden of eliminating the danger was slight as compared with the risk to the child.
(5) The possessor failed to exercise reasonable care to eliminate the danger or otherwise to protect the child.
(d) Notwithstanding the provisions of subsection (c), the duty owed by the possessor of real property to a child trespasser with respect to a natural condition is the same as that owed in subsection (b).
(e) The intent of the Legislature in enacting this section is to reject the adoption of the Third Restatement of Torts with respect to the duty of a possessor of real property to a trespasser. Nothing in this section shall diminish, change, amend, or otherwise affect the provisions of Sections 35-15-1 through 35-15-40.
(Act 2012-300, p. 654, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-18/section-6-5-346/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-346 - Defense of Self, Others, and Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-346 - Defense of Self, Others, and Property.
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Section 6-5-346
Defense of self, others, and property.
(a) As used in this section, property shall mean real property and buildings, structures, and improvements thereon.
(b) Any person who unlawfully enters or attempts to enter upon the property of another for the purposes of engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any injury caused or resulting to him or her due to the commission or effort to commit criminal conduct; provided the property owner acts as a reasonably prudent person would act under same or similar circumstances. The owner and his or her agents shall be immune from any civil liability due to the reasonable and proportionate acts of the owner or his or her agents in resisting the commission of the criminal conduct; provided that the person acts as a prudent person would act under same or similar circumstances.
(c) The provisions of this section do not apply to the creation of a hidden hazardous or hidden dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.
(Act 2012-502, p. 1481, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 18 - Exemptions From Liability.›Section 6-5-347 - Agritourism.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 18 - Exemptions From Liability. › Section 6-5-347 - Agritourism.
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Section 6-5-347
Agritourism.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) AGRICULTURAL. As defined in Section 41-14-51.
(2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary or other valuable compensation to participate in, view, or enjoy:
a. An activity at an agricultural operation, which is not already addressed under Sections 6-5-337 or 35-15-40, including, but not limited to, farming, ranching, historic and cultural agricultural activities, self-pick farms, or farmers' markets, provided the agritourism professional is selling his or her own product at a location provided to, leased to, rented to, or owned by the agritourism professional for the purpose of selling his or her own product.
b. An activity involving an animal exhibition, show, or competition at an agricultural fair or youth livestock show, which is not already addressed under Section 6-5-337, including, but not limited to, FFA, 4-H, group, club, or other association shows or expositions.
(3) AGRITOURISM PROFESSIONAL. A person who is engaged in the business of providing agritourism activities including employees or authorized agents who offer or conduct agritourism activities on behalf of an agritourism professional.
(4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those conditions, dangers, or hazards that are an integral part of an agritourism activity, including any of the following:
a. Surface and subsurface conditions and natural conditions of land, vegetation, and waters.
b. The behavior of wild animals or insects.
c. The behavior of domestic animals or insects as to:
1. The propensity of a domestic animal or insect to behave in ways that may result in sickness, injury, harm, or death to persons on or around them.
2. The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement, and unfamiliar objects, persons, or other animals.
d. The ordinary dangers of structures or equipment ordinarily used on a working agricultural operation, excluding a dangerous condition on structures or equipment ordinarily used on a working agricultural operation that is actually known by an agritourism professional, not open and obvious, not made known to the participant, and the dangerous condition proximately causes injury, sickness, damage, or death to the participant.
e. The negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional, failing to exercise reasonable caution while engaging in the agritourism activity, or failing to obey written or oral warnings or postings on the premises of the agritourism operation.
(5) PARTICIPANT. Any person, other than an agritourism professional, who engages in an agritourism activity.
(6) PERSON. An individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, group, club, or other legal or commercial entity.
(b)(1) Except as provided in subsection (c), an agritourism professional has no duty of care to inspect for an inherent risk of agritourism activity and may not be liable for an injury, sickness, or damage to a participant or the death of a participant resulting from an inherent risk of an agritourism activity. An agritourism professional does not confer upon any participant the legal status of invitee or licensee.
(2) Except as provided in subsection (c), a participant or a representative of a participant may not make a claim against, maintain an action against, or recover from an agritourism professional for injury, sickness, damage, or death of a participant resulting from an inherent risk of an agritourism activity.
(c) Subsection (b) may not prevent or limit the liability of an agritourism professional who:
(1) Has actual knowledge of a dangerous condition on the land, facilities, or equipment that is not open and obvious or actual knowledge of the dangerous propensity of a particular animal that is not open and obvious, does not make the danger known to the participant, and the danger proximately causes injury, sickness, damage, or death to the participant.
(2) Fails to properly train or improperly or inadequately trains an employee who is actively involved in the agritourism activity and an act or omission of the employee proximately causes injury, sickness, damage, or death of the participant.
(3) Intentionally or willfully injures the participant.
(4) Fails to vaccinate, or quarantine sick domestic or domesticated animals in accordance with applicable animal health statutes and regulations.
(d)(1) This section does not apply unless an agritourism professional posts and maintains a warning notice printed in black letters, with each letter being at least one inch in height.
(2) The warning notice required under subdivision (1) shall be placed in a clearly visible location at the main point of entrance to or the place of payment of monetary or other valuable compensation for the agritourism activity.
(3) The warning notice required under subdivision (1) shall read as follows:
"WARNING.
"Under Alabama law, an agritourism professional is not liable for injury, sickness, or damage to, or the death of, a participant in an agritourism activity at this location if the injury, sickness, damage, or death results from the inherent risks of the agritourism activity.
"Inherent risks of an agritourism activity include risks of injury, sickness, damage, or death inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury, sickness, damage, or death, or for another participant to act in a manner that may cause your injury, sickness, damage, or death.
"You are assuming the risk of participating in this agritourism activity."
(e) This section does not enlarge or diminish the open and obvious doctrine.
(Act 2012-520, p. 1543, §§1-5.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 19 - Seduction.›Section 6-5-350 - Action by Unmarried Woman Under 19 Years of Age.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 19 - Seduction. › Section 6-5-350 - Action by Unmarried Woman Under 19 Years of Age.
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Section 6-5-350
Action by unmarried woman under 19 years of age.
An unmarried woman under the age of 19 years may prosecute as plaintiff an action for her own seduction and may recover such damages as may be assessed in her favor.
(Code 1852, §2133; Code 1867, §2529; Code 1876, §2896; Code 1886, §2585; Code 1896, §23; Code 1907, §2482; Code 1923, §5692; Acts 1935, No. 356, p. 780; Code 1940, T. 7, §116.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-19/section-6-5-351/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 19 - Seduction.›Section 6-5-351 - Action by Father or Mother for Seduction of Daughter.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 19 - Seduction. › Section 6-5-351 - Action by Father or Mother for Seduction of Daughter.
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Section 6-5-351
Action by father or mother for seduction of daughter.
The father or, in case of his death or desertion of his family, or of his imprisonment for a term of two years or more under a conviction for crime, or of his confinement in an insane hospital, or of his having been declared of unsound mind, the mother, may commence an action for the seduction of a daughter under the age of 19 years though she be not living with or in the service of the plaintiff at the time of the seduction or afterwards and there is no loss of service; provided, that an action by the daughter is a bar to an action by the father or mother.
(Code 1852, §2134; Code 1867, §2530; Code 1876, §2897; Code 1886, §2586; Code 1896, §24; Code 1907, §2483; Code 1923, §5693; Acts 1935, No. 356, p. 780; Code 1940, T. 7, §117.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-20/section-6-5-370/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 20 - Felonious Injury.›Section 6-5-370 - Civil Action Without Criminal Prosecution.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 20 - Felonious Injury. › Section 6-5-370 - Civil Action Without Criminal Prosecution.
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Section 6-5-370
Civil action without criminal prosecution.
For any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured without prosecution of the offender.
(Code 1867, §4423; Code 1876, §2900; Code 1886, §2584; Code 1896, §22; Code 1907, §2481; Code 1923, §5691; Code 1940, T. 7, §113.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-21/section-6-5-380/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 21 - Malicious Act of Minor.›Section 6-5-380 - Liability of Parents for Destruction of Property by Minor; Exception.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 21 - Malicious Act of Minor. › Section 6-5-380 - Liability of Parents for Destruction of Property by Minor; Exception.
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Section 6-5-380
Liability of parents for destruction of property by minor; exception.
(a) The parent or parents, guardian, or other person having care or control of any minor under the age of 18 years with whom the minor is living and who have custody of the minor shall be liable for the actual damages sustained, but not exceeding the sum of $1,000, plus the court costs of the action, to any person, firm, association, corporation and the State of Alabama and its political subdivision for all damages proximately caused by the injury to, or destruction of, any property, real, personal or mixed, by the intentional, willful, or malicious act or acts of the minor. Except, approved foster parents of the Department of Human Resources shall not be liable for damages caused by foster children.
(b) Nothing in this section shall be construed to limit the liability of any such parent or parents as the same may now otherwise exist under the laws of the State of Alabama.
(Acts 1965, 2nd Ex. Sess., No. 99, p. 132; Acts 1994, 1st Ex. Sess., No. 94-819, p. 137, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-22/section-6-5-390/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 22 - Injury and Death of Minor.›Section 6-5-390 - Injury to Minor Child.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 22 - Injury and Death of Minor. › Section 6-5-390 - Injury to Minor Child.
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Section 6-5-390
Injury to minor child.
A father or a mother, provided they are lawfully living together as husband and wife, shall have an equal right to commence an action for an injury to their minor child, a member of the family; provided, however, that in the event such mother and father are not lawfully living together as husband and wife, or in the event legal custody of such minor child has been lawfully vested in either of the parties or some third party, then and in either event the party having legal custody of such minor child shall have the exclusive right to commence such action.
(Code 1852, §2135; Code 1867, §2531; Code 1876, §2898; Code 1886, §2587; Code 1896, §25; Code 1907, §2484; Code 1923, §5694; Code 1940, T. 7, §118; Acts 1979, No. 79-443, p. 725.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-22/section-6-5-391/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 22 - Injury and Death of Minor.›Section 6-5-391 - Wrongful Death of Minor.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 22 - Injury and Death of Minor. › Section 6-5-391 - Wrongful Death of Minor.
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Section 6-5-391
Wrongful death of minor.
(a) When the death of a minor child is caused by the wrongful act, omission, or negligence of any person, persons, or corporation, or the servants or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the father and mother are both dead or if they decline to commence the action, or fail to do so, within six months from the death of the minor, the personal representative of the minor may commence an action.
(b) An action under subsection (a) for the wrongful death of the minor shall be a bar to another action either under this section or under Section 6-5-410.
(c) Any damages recovered in an action under this section shall be distributed according to the laws of intestate succession, Article 3 (commencing with Section 43-8-40) of Chapter 8 of Title 43.
(Code 1876, §2899; Code 1886, §2588; Code 1896, §26; Code 1907, §2485; Code 1923, §5695; Code 1940, T. 7, §119; Acts 1995, No. 95-774, p. 1834, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-23/section-6-5-410/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 23 - Death.›Section 6-5-410 - Wrongful Act, Omission, or Negligence Causing Death.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 23 - Death. › Section 6-5-410 - Wrongful Act, Omission, or Negligence Causing Death.
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Section 6-5-410
Wrongful act, omission, or negligence causing death.
(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.
(b) The action shall not abate by the death of the defendant, but may be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.
(d) The action must be commenced within two years from and after the death of the testator or intestate.
(e) For any cause of action brought pursuant to this section, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act, omission, or negligence pursuant to Section 6-3-2 or 6-3-7, if the alleged wrongful act, omission, or negligence had not caused death. Nothing in this subsection is intended to override Rule 82 of the Alabama Rules of Civil Procedure.
(f) This section shall only apply to actions filed after June 9, 2011.
(Code 1852, §§1940, 1941; Code 1867, §§2299, 2300; Code 1876, §§2641-2643; Code 1886, §2589; Code 1896, §27; Code 1907, §2486; Acts 1911, No. 455, p. 484; Code 1923, §5696; Code 1940, T. 7, §123; Act 2011-522, p. 838, §§1, 2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 23 - Death.›Section 6-5-411 - Injuries to Decedent's Property Resulting From Wrongful Act, etc., Causing Death.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 23 - Death. › Section 6-5-411 - Injuries to Decedent's Property Resulting From Wrongful Act, etc., Causing Death.
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Section 6-5-411
Injuries to decedent's property resulting from wrongful act, etc., causing death.
(a) The personal representative of a deceased person may commence an action in a court of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such damages as the jury may assess for injuries or damages to the property of the decedent resulting from the same wrongful act, omission, or negligence which caused the death of the decedent, provided the decedent could have commenced such action if the wrongful act, omission, or negligence causing the property damage had not also caused his death.
(b) Such action may be commenced though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence; and it shall not abate by the death of the defendant, but may be revived against his personal representative.
(c) The damages recovered are not subject to the payment of the debts or liabilities of the decedent, but must be distributed according to the statute of distributions.
(Acts 1956, 1st Ex. Sess., No. 113, p. 170.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-24/section-6-5-430/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 24 - Foreign Causes of Action.›Section 6-5-430 - Enforcement of Action Upon Contract or Tort Arising in Another State When Jurisdic...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 24 - Foreign Causes of Action. › Section 6-5-430 - Enforcement of Action Upon Contract or Tort Arising in Another State When Jurisdiction of Defendant Can Be Obtained in This State; Doctrine of Forum Non Conveniens Applied.
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Section 6-5-430
Enforcement of action upon contract or tort arising in another state when jurisdiction of defendant can be obtained in this state; doctrine of forum non conveniens applied.
Whenever, either by common law or the statutes of another state or of the United States, a claim, either upon contract or in tort has arisen outside this state against any person or corporation, such claim may be enforceable in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state; provided, however, the courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action based upon such claim originating outside this state; and provided further that, if upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interests of justice, the court must dismiss the action without prejudice. Such dismissal may be conditioned upon the defendant or defendants filing with the court a consent (i) to submit to jurisdiction in the identified forum, or (ii) to waive any defense based upon a statute of limitations if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.
(Acts 1907, Ex. Sess., No. 47, p. 67; Code 1923, §5681; Code 1940, T. 7, §97; Acts 1987, No. 87-182, p. 244.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 25 - Election Between Actions.›Section 6-5-440 - Simultaneous Actions for Same Cause Against Same Party Prohibited.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 25 - Election Between Actions. › Section 6-5-440 - Simultaneous Actions for Same Cause Against Same Party Prohibited.
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Section 6-5-440
Simultaneous actions for same cause against same party prohibited.
No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such a case, the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously, and the pendency of the former is a good defense to the latter if commenced at different times.
(Code 1907, §2451; Code 1923, §5657; Code 1940, T. 7, §146.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-26/section-6-5-460/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-460 - Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-460 - Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage.
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Section 6-5-460
Abatement - Actions by or against unmarried women not abated upon marriage.
A claim upon which an action has been filed by or against an unmarried woman does not abate on her marriage, but, the marriage being suggested upon the record, the action proceeds in her name acquired by the marriage, and judgment is entered accordingly. If judgment is entered against her, it may be satisfied out of her estate.
(Code 1852, §2150; Code 1867, §2548; Code 1876, §2914; Code 1886, §2602; Code 1896, §37; Code 1907, §2498; Code 1923, §5714; Code 1940, T. 7, §152.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-26/section-6-5-461/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-461 - Abatement - Actions by Informers.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-461 - Abatement - Actions by Informers.
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Section 6-5-461
Abatement - Actions by informers.
In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate.
(Code 1907, §2452; Code 1923, §5658; Code 1940, T. 7, §148.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-462 - Survival - Claims by and Against Personal Representative in Proceedings Not of an...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-462 - Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature.
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Section 6-5-462
Survival - Claims by and against personal representative in proceedings not of an equitable nature.
In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor.
(Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code 1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150; Acts 1951, No. 737, p. 1290.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-26/section-6-5-463/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-463 - Survival - Real Property Claims to Which Actions Filed.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-463 - Survival - Real Property Claims to Which Actions Filed.
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Section 6-5-463
Survival - Real property claims to which actions filed.
Real property claims with respect to which actions have been filed survive in favor of heirs, devisees, or personal representatives and against heirs, devisees, tenants, or personal representatives according to their respective rights, and the court must direct the record and judgment to be so framed as to secure their rights and declare their respective interests.
(Code 1852, §2158; Code 1867, §2556; Code 1876, §2921; Code 1886, §2601; Code 1896, §36; Code 1907, §2497; Code 1923, §5713; Code 1940, T. 7, §151.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-464 - Survival - Claims Equitable in Nature.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-464 - Survival - Claims Equitable in Nature.
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Section 6-5-464
Survival - Claims equitable in nature.
(a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action.
(b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced.
(Acts 1947, No. 709, p. 544.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-26/section-6-5-465/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-465 - Survival - Substitution of Personal Representative Where No Action Filed.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-465 - Survival - Substitution of Personal Representative Where No Action Filed.
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Section 6-5-465
Survival - Substitution of personal representative where no action filed.
If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be effected under the Alabama Rules of Civil Procedure; but final judgment must not be entered against a personal representative if he objects until after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41; Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837; Code 1940, T. 7, §154.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-26/section-6-5-466/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 26 - Abatement, Survival and Revival of Actions.›Section 6-5-466 - Revival in Case of Death of One or More Defendants Jointly Sued.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 26 - Abatement, Survival and Revival of Actions. › Section 6-5-466 - Revival in Case of Death of One or More Defendants Jointly Sued.
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Section 6-5-466
Revival in case of death of one or more defendants jointly sued.
(a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff.
(b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration.
(c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party.
(Code 1867, §§2546, 2547; Code 1876, §§2912, 2913; Code 1886, §2608; Code 1896, §43; Code 1907, §2501; Code 1923, §5717; Code 1940, T. 7, §155.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-480 - Short Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-480 - Short Title.
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Section 6-5-480
Short title.
This article may be cited and known as the "Alabama Medical Liability Act."
(Acts 1975, No. 513, p. 148, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-27/section-6-5-481/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-481 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-481 - Definitions.
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Section 6-5-481
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice, including medical professional corporations, associations, and partnerships.
(2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such practice, including professional dental corporations, associations, and partnerships.
(3) MEDICAL INSTITUTION. Any licensed hospital, or any physician's or dentist's office or clinic containing facilities for the examination, diagnosis, treatment, or care of human illnesses.
(4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association.
(5) PHYSICIAN. Any person licensed to practice medicine in Alabama.
(6) DENTIST. Any person licensed to practice dentistry in Alabama.
(7) HOSPITAL. Such institutions as are defined in Section 22-21-21 as hospitals.
(8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services.
(9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient.
(Acts 1975, No. 513, p. 148, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-482 - Limitation on Time for Commencement of Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-482 - Limitation on Time for Commencement of Action.
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Section 6-5-482
Limitation on time for commencement of action.
(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date.
(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action.
(Acts 1975, No. 513, p. 148, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-483 - Elimination of Ad Damnum Clause in Complaints.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-483 - Elimination of Ad Damnum Clause in Complaints.
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Section 6-5-483
Elimination of ad damnum clause in complaints.
The ad damnum clause in complaints alleging medical liability shall be eliminated. Such complaints, in place of a claim for specific monetary damages, shall contain instead a general claim for relief. However, nothing in this section shall be construed to prohibit or restrict an attorney from requesting or suggesting a specific sum to be awarded during the trial of any medical liability case.
(Acts 1975, No. 513, p. 148, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-27/section-6-5-484/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-484 - Degree of Care Owed to Patient.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-484 - Degree of Care Owed to Patient.
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Section 6-5-484
Degree of care owed to patient.
(a) In performing professional services for a patient, a physician's, surgeon's, or dentist's duty to the patient shall be to exercise such reasonable care, diligence, and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community.
(b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service.
(Acts 1975, No. 513, p. 148, §6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-485 - Settlement of Disputes by Arbitration.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-485 - Settlement of Disputes by Arbitration.
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Section 6-5-485
Settlement of disputes by arbitration.
(a) After a physician, dentist, medical institution, or other health care provider has rendered services, or failed to render services, to a patient out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract.
(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then, upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(Acts 1975, No. 513, p. 148, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-486 - Optional Method of Payment of Judgments in Excess of $100,000.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-486 - Optional Method of Payment of Judgments in Excess of $100,000.
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Section 6-5-486
Optional method of payment of judgments in excess of $100,000.
Where a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined in Section 6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the court, in its discretion, may order that:
(1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as his attorney's fee.
(2) The remainder of the award shall be paid to the plaintiff in monthly installments in an amount calculated to provide the plaintiff a lifetime income.
(3) If the plaintiff should die before payment of all of said award, the same income shall be paid to the beneficiary of the plaintiff for the remainder of the payments due.
(4) The defendant file a surety bond with the court in an amount equal to the award remaining after the expenses referred to in subdivision (1) of this section have been deducted.
(Acts 1975, No. 513, p. 148, §10.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-487 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payme...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-487 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable.
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Section 6-5-487
Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
(a) In all actions for medical liability, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of cost.
(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.
(Acts 1975, No. 513, p. 148, §11.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-27/section-6-5-488/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 27 - Medical Liability Actions.›Section 6-5-488 - Rules of Evidence and Procedures in Civil Actions Preserved.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 27 - Medical Liability Actions. › Section 6-5-488 - Rules of Evidence and Procedures in Civil Actions Preserved.
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Section 6-5-488
Rules of evidence and procedures in civil actions preserved.
All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article.
(Acts 1975, No. 513, p. 148, §13.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-1/section-6-5-500/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 1 - Limitation Periods.›Section 6-5-500 - Intent of Legislature; Legislative Findings.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-500 - Intent of Legislature; Legislative Findings.
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Section 6-5-500
Intent of Legislature; legislative findings.
It is the intent of the Legislature that a comprehensive system consisting of the time for commencement of actions, for discoverability of actions based upon insidious disease and the repose of actions shall be instituted in this state. The Legislature finds that in order to assure the rights of all persons, and to provide for the fair, orderly, and efficient administration of product liability actions in the courts of this state, a complete and unified approach to the time in which product liability actions may be brought and maintained is required. The Legislature finds that product liability actions and litigation have increased substantially, and the cost of such litigation has risen in recent years. The Legislature further finds that these increases are having an impact upon consumer prices, and upon the availability, cost, and use of product liability insurance, thus, affecting the availability of compensation for injured consumers. Therefore, it is the intent of the Legislature to provide a comprehensive time framework for the commencement and maintenance of all product liability actions brought in this state.
(Acts 1979, No. 79-468, p. 855, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-1/section-6-5-501/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 1 - Limitation Periods.›Section 6-5-501 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-501 - Definitions.
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Section 6-5-501
Definitions.
The following definitions are applicable in this division:
(1) ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or business entity, which in the course of business or as an incident to business, sells or otherwise distributes a manufactured product (a) prior to or (b) at the time the manufactured product is first put to use by any person or business entity who did not acquire the manufactured product for either resale or other distribution in its unused condition or for incorporation as a component part in a manufactured product which is to be sold or otherwise distributed in its unused condition.
(2) PRODUCT LIABILITY ACTION. Any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the manufacturer's liability doctrine, (d) the Alabama extended manufacturer's liability doctrine, as it exists or is hereafter construed or modified, (e) breach of any implied warranty, or (f) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.
a. No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:
1. The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product's defective condition.
2. The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product's condition.
3. The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.
4. It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.
b. Notwithstanding paragraph a., if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.
c. In a product liability action brought pursuant to paragraph b., against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant's injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of paragraph a. for maintaining a product liability action against such a party are satisfied.
(3) The definitions used herein are to be used for purposes of this division and are not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.
(Acts 1979, No. 79-468, p. 855, §2; Act 2011-627, p. 1481, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 1 - Limitation Periods.›Section 6-5-502 - Limitation Periods for Product Liability Actions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-502 - Limitation Periods for Product Liability Actions.
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Section 6-5-502
Limitation periods for product liability actions.
(a) All product liability actions against an original seller must be commenced within the following time limits and not otherwise:
(1) Except as specifically provided in subsections (b), (c), and (e) of this section, within one year of the time the personal injury, death, or property damage occurs; and
(2) Except as specifically provided in subsections (b), (c), and (e) of this section, each element of a product liability action shall be deemed to accrue at the time the personal injury, death, or property damage occurs;
(b) Where the personal injury, including personal injury resulting in death, or property damage (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance, element or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma, then, in that event, the product liability action claiming damages for such personal injury, or property damage must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff's decedent, and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff's decedent; and
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, a product liability action against an original seller must be brought within 10 years after the manufactured product is first put to use by any person or business entity who did not acquire the manufactured product for either resale or other distribution in its unused condition or for incorporation as a component part in a manufactured product which is to be sold or otherwise distributed in its unused condition.
(d) The original seller may by express written agreement only waive or extend the period of time provided for in subsection (c) of this section; and
(e)(1) Notwithstanding the provisions of subsection (c) of this section, if a plaintiff or plaintiff's decedent is entitled to maintain a product liability action because of the failure of an original seller to alter, repair, recall, inspect, or issue warnings or instructions about the manufactured product, or otherwise to take any action or precautions with regard to the safety of the manufactured product for the benefit of users or consumers after the manufactured product was sold or otherwise distributed by an original seller, and, if any federal or state governmental agency shall impose a requirement so to alter, repair, recall, inspect, or issue warnings or instructions about the manufactured product or otherwise to take any actions or precautions with regard to the safety of the manufactured product for the benefit of users or consumers after the manufactured product was sold or otherwise distributed by an original seller, then, if these two events have occurred, a product liability action for damages on account of such failure for personal injury, death, or property damage must be commenced within one year of the time the personal injury, death, or property damage resulting from such failure occurs;
(2) In product liability actions predicated upon the failure to act and the governmental action, set forth in subdivision (1) of this subsection, where the personal injury, including personal injury resulting in death, or property damage (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of the ingestion of or exposure to some toxic or harmful or injury-producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma, then in that event, the product liability action claiming damages for such personal injury or property damage must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff's decedent and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or plaintiff's decedent; and
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a product liability action against an original seller must be brought within 10 years after the date of the imposition of such requirement by such governmental agency.
(Acts 1979, No. 79-468, p. 855, §3.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-1/section-6-5-503/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 1 - Limitation Periods.›Section 6-5-503 - Applicability of Division; Not Retroactive.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-503 - Applicability of Division; Not Retroactive.
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Section 6-5-503
Applicability of division; not retroactive.
This division and each section thereof shall apply only to product liability actions, wherein each element accrues after the effective date of this division, and no provision of this division shall have retroactive application.
(Acts 1979, No. 79-468, p. 855, §6.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-1/section-6-5-504/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 1 - Limitation Periods.›Section 6-5-504 - Sections, Clauses, etc., of Division Inseparable and Nonseverable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 1 - Limitation Periods. › Section 6-5-504 - Sections, Clauses, etc., of Division Inseparable and Nonseverable.
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Section 6-5-504
Sections, clauses, etc., of division inseparable and nonseverable.
It is expressly provided that each section, clause, provision, or portion of this division shall be construed as inseparable and nonseverable from all others, and in the event that any section, clause, provision, or portion of this division shall be held invalid or unconstitutional by any court of competent jurisdiction, the entire division and each section, clause, provision, or portion thereof shall be inoperative and have no effect.
(Acts 1979, No. 79-468, p. 855, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-2/section-6-5-520/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 2 - Mitigation of Recoverable Damages.›Section 6-5-520 - Intent of Legislature; Legislative Findings; Collateral Source Rule Modified.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-520 - Intent of Legislature; Legislative Findings; Collateral Source Rule Modified.
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Section 6-5-520
Intent of Legislature; legislative findings; collateral source rule modified.
The Legislature finds that product liability litigation has increased substantially and the cost of such litigation has risen in recent years. The Legislature further finds that these increases have an impact upon the price and availability of products. It is the belief of the Legislature that there are special reasons for modifying the collateral source rule in this state as it applies to product liability actions. The Legislature finds that the recovery by plaintiffs of medical and hospital expenses as damages where plaintiffs are reimbursed for the same medical and hospital expenses from other sources contributes to the increase in the cost of product liability litigation. It is the intent of the Legislature that plaintiffs be compensated fully for any medical or hospital expenses incurred as a result of injuries sustained from a breach of product liability laws, but that plaintiffs not receive compensation more than once for the same medical and hospital expenses.
(Acts 1979, No. 79-476, p. 876, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-2/section-6-5-521/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 2 - Mitigation of Recoverable Damages.›Section 6-5-521 - "Product Liability Action" Defined.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-521 - "Product Liability Action" Defined.
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Section 6-5-521
"Product liability action" defined.
(a) A "product liability action" means any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation, (3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty, or (6) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.
(b) No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:
(1) The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product's defective condition.
(2) The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product's condition.
(3) The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.
(4) It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.
(c) Notwithstanding subsection (b), if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.
(d) In a product liability action brought pursuant to subsection (c), against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant's injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of subsection (b) for maintaining a product liability action against such a party are satisfied.
(e) The definition used herein is to be used for purposes of this division and is not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.
(Acts 1979, No. 79-476, p. 876, §2; Act 2011-627, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-2/section-6-5-522/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 2 - Mitigation of Recoverable Damages.›Section 6-5-522 - Evidence of Medical Expense Reimbursement Mitigates Damages; Cost of Obtaining Rei...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-522 - Evidence of Medical Expense Reimbursement Mitigates Damages; Cost of Obtaining Reimbursement Recoverable.
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Section 6-5-522
Evidence of medical expense reimbursement mitigates damages; cost of obtaining reimbursement recoverable.
In all product liability actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff's medical or hospital expenses have been or will be paid or reimbursed (1) by medical or hospital insurance, or (2) pursuant to the medical and hospital payment provisions of law governing workmen's compensation, shall be admissible as competent evidence in mitigation of such medical or hospital expense damages. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses. Such portion of the costs of obtaining reimbursement or payment of medical or hospital expenses as the trier of fact finds is reasonably related to the reimbursement or payment received or to be received by the plaintiff shall be a recoverable item of such damages for medical or hospital expenses.
(Acts 1979, No. 79-476, p. 876, §3.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-2/section-6-5-523/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 2 - Mitigation of Recoverable Damages.›Section 6-5-523 - Reimbursement for Medical Expenses Discoverable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-523 - Reimbursement for Medical Expenses Discoverable.
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Section 6-5-523
Reimbursement for medical expenses discoverable.
In all product liability actions information respecting reimbursement or payment obtained or which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.
(Acts 1979, No. 79-476, p. 876, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-2/section-6-5-524/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 2 - Mitigation of Recoverable Damages.›Section 6-5-524 - Evidence of Reimbursement Inadmissible if Recipient Must Repay.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-524 - Evidence of Reimbursement Inadmissible if Recipient Must Repay.
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Section 6-5-524
Evidence of reimbursement inadmissible if recipient must repay.
Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, no evidence relating to such reimbursement or payment not otherwise admissible shall be admissible as a result of this division.
(Acts 1979, No. 79-476, p. 876, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28/division-2/section-6-5-525/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28 - Product Liability Actions.›Division 2 - Mitigation of Recoverable Damages.›Section 6-5-525 - Prior Rights Not Affected.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28 - Product Liability Actions. › Division 2 - Mitigation of Recoverable Damages. › Section 6-5-525 - Prior Rights Not Affected.
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Section 6-5-525
Prior rights not affected.
This division shall not affect any rights which have accrued prior to July 30, 1979.
(Acts 1979, No. 79-476, p. 876, §8.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-28a/section-6-5-530/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 28A - Manufacturer Liability.›Section 6-5-530 - Liability for Damages.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 28A - Manufacturer Liability. › Section 6-5-530 - Liability for Damages.
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Section 6-5-530
Liability for damages.
(a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability asserted, the plaintiff must prove, among other elements, that the defendant designed, manufactured, sold, or leased the particular product the use of which is alleged to have caused the injury on which the claim is based, and not a similar or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified as having been used, ingested, or encountered by an allegedly injured party may not be held liable for any alleged injury. A person, firm, corporation, association, partnership, or other legal or business entity whose design is copied or otherwise used by a manufacturer without the designer's express authorization is not subject to liability for personal injury, death, or property damage caused by the manufacturer's product, even if use of the design is foreseeable.
(b) This section is not intended in any way to alter or affect any other principle of law, including those that apply under the Alabama Medical Liability Act, Section 6-5-540 et seq.; those that apply to successor entities, distributors, component manufacturers, or manufacturers who use component parts in assembling products for sale as complete units; or those that apply to the operation of a contract, including a licensing agreement.
(Act 2015-106, §§1, 2.)
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