Datasets:

reglab
/

ui_survey

Dataset card Data Studio Files Files and versions Community

Subset (10)

default · 1.68M rows

Split (1)

codes · 1.68M rows

Search is not available for this dataset

Subsets and Splits

No community queries yet

The top public SQL queries from the community will appear here once available.

url stringlengths 42 388	state stringclasses 51 values	path stringlengths 83 10.4k	title stringlengths 34 2.24k	content stringlengths 0 2.39M
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-540/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-540 - Legislative Intent.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-540 - Legislative Intent.	Section 6-5-540 Legislative intent. It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance with the previous declaration of Legislature contained in Act 513 of the Regular Session of the 1975 Alabama Legislature it is the declared intent of this Legislature to insure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden upon those who can least afford such increases, and that the threat of such actions contributes to expensive medical procedures to be performed by physicians and other health care providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential medical services caused by the threat of such litigation constitutes a danger to the health and safety of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of health care and to insure its continued availability. Additionally, the Legislature finds that the increasing threat of legal actions for alleged medical injury has resulted in a limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of the defendant health care provider through the interjection of evidence of insurance, the Legislature finds that the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider. (Acts 1987, No. 87-189, p. 261, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-541/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-541 - Short Title; Construction.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-541 - Short Title; Construction.	Section 6-5-541 Short title; construction. This article may be cited and known as "The Alabama Medical Liability Act of 1987" and is intended to supplement "The Alabama Medical Liability Act," Act No. 513 of the 1975 Regular Session of the Alabama Legislature. The provisions of this article shall be construed so as to be consistent with Act No. 513 of the 1975 Regular Session of the Alabama Legislature and the legislative intent stated herein. (Acts 1987, No. 87-189, p. 261, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-542/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-542 - Definitions.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-542 - Definitions.	Section 6-5-542 Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481. (2) STANDARD OF CARE. The standard of care is that level of such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in like cases. A breach of the standard of care is the failure by a health care provider to comply with the standard of care, which failure proximately causes personal injury or wrongful death. This definition applies to all actions for injuries or damages or wrongful death whether in contract or tort and whether based on intentional or unintentional conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care, or custody, loss of future earnings, future loss of earning capacity, future loss of bodily function, future loss of consortium, or future pain and suffering. (4) PERIODIC PAYMENT. The payment of money or delivery of other property to the judgment creditor at regular intervals. (5) SUBSTANTIAL EVIDENCE. Substantial evidence is that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed. (Acts 1987, No. 87-189, p. 261, §3.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-543/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-543 - Damages Against Health Care Provider to Be Itemized; Future Damages Over $150,000...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-543 - Damages Against Health Care Provider to Be Itemized; Future Damages Over $150,000 to Be Paid by Periodic Payments Over Period of Years; Judgment to Specify Payment Terms; Requirement to Post Security or Provide Evidence of Insurance; Future Damages Not to Be Reduced to Present Value; Attorney's Fees; Termination of Periodic Payments; Contempt of Court Upon Continuing Pattern of Failure to Make Payments; Modification of Judgment; Legislative Intent.	Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000 to be paid by periodic payments over period of years; judgment to specify payment terms; requirement to post security or provide evidence of insurance; future damages not to be reduced to present value; attorney's fees; termination of periodic payments; contempt of court upon continuing pattern of failure to make payments; modification of judgment; legislative intent. (a) In any action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care the damages assessed by the trier of fact shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier of fact shall not reduce any future damages to present value. If the trial court determines that any one or more of the above categories is not recoverable in the action, that category or categories shall be omitted from the itemization. (b) Where the damages assessed against a defendant or defendants by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case: (1) Judgment shall be entered against the defendants for all past damages and punitive damages assessed against the defendants by the trier of fact; (2)a. If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages. b. If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall (i) enter judgment against the defendants for $150,000 of such future damages and (ii) enter judgment requiring the defendants to pay the balance of such future damages in excess of $150,000 by periodic payments over a period of years not to exceed such period of years as, according to the evidence offered during the trial of the case, such future damages may be incurred. In entering a judgment against the defendants ordering the payment of future damages by periodic payments the trial court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages as the same may be incurred, as determined from the evidence offered during the trial of the case. If, or to the extent that, the evidence offered at trial did not indicate the approximate time or timeframe within which the future damages would be incurred, the trial court, for the purpose of determining the amount of periodic payments and the interval between such payments, shall conclusively presume that such damages will be incurred throughout the life expectancy of the judgment creditor on an equal monthly basis. The judgment ordering payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. The total amount of all such periodic payments when added to the sum of $150,000 and when added to that portion of the future damages award utilized for the payment of a portion of the attorney's fees owed by the judgment creditor shall not exceed the total amount of future damages contained in the verdict. (c) As a condition to authorizing periodic payments for future damages the court shall require that the defendants either post security sufficient to assure full payment of such damages, or provide evidence the defendants have insurance sufficient to pay the periodic payments as the same become due and that the insurance company which is obligated to pay the judgment holds a certificate of authority in this state, or purchase an annuity of sufficient value to pay the future damages. Nothing contained herein shall be construed as limiting the authority of the trial court to order a new trial, enter a judgment notwithstanding the verdict or order a remittitur of damages. The provisions of this section shall also apply to any judgment entered following remittitur. (d) The future damages shall not be reduced to present value and no interest is to be charged on said damages. No evidence shall be received by the trier of fact concerning the present value of such future damages except pursuant to this subsection. If, as part of the plaintiff's contract with his attorney, the plaintiff is obligated to pay his attorney a fee based on that portion of the award of future damages which exceeds $150,000, the court shall determine what portion of the award of future damages in excess of $150,000 is owed to the attorney under the contract and shall enter judgment for the remainder of the award of future damages in excess of $150,000 as provided in subsection (b)(2)b. As to that portion of the award of future damages in excess of $150,000 which is owed to the plaintiff's attorney, that portion shall be reduced to present value by the court, utilizing the life expectancy of the judgment creditor, and judgment shall be entered against the defendant for the reduced amount. (e) Where a judgment is entered for the payment of future damages by periodic payments the following shall apply: (1) If the judgment creditor dies before the termination of the period of years during which such payments are to be made, the liability of the judgment debtor and every entity or person who has assumed his obligations to pay the judgment creditor shall cease and the estate of the judgment creditor shall have no claim for such payments, except that damages awarded for loss of future earnings as determined by the court shall not be reduced or payments terminated by reason of the death of the judgment creditor but shall be paid to a spouse or children, or both, to whom the judgment creditor owed a duty of support, as provided by law, immediately before his death. (2) Such duty of support shall be deemed to cease upon the death or remarriage of a spouse or the death or attainment of age 22 years by a child, provided, however, that upon the death of a spouse leaving children to whom the judgment creditor owed a duty of support as set out above, payments due the spouse shall be paid to the children until they attain the age 22 years. The death of a child under 22 years of age terminates all payments to him. (3) In the event the court finds that the judgment debtor has exhibited a continuing pattern of failure to make payments as specified in this section, the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including court costs and reasonable attorney's fees. In addition, where an installment payment is more than 20 days late, there shall be added to the amount due for that installment interest from the date payment was due at the rate of 20 percent per annum compounded daily, and attorney's fee if necessary to collect the amount due. (f) The court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with subsection (e) of this section. Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make future payments shall cease and any security given shall revert to the judgment debtor. (g) In the event periodic payments are ordered under this section, the court shall order the judgment marked satisfied when the judgment debtor satisfies the court that he is adequately insured or posts security sufficient to assure full payment of such damages or purchases an annuity of sufficient value as set out in subsection (c) of this section. (h) It is the intent of the Legislature in enacting this section to require the entry of judgments in malpractice actions against health care providers which provide for the payment of future damages in excess of $150,000 through periodic payments rather than lump sum payments. By authorizing periodic payment of judgments as required herein it is the intent of the Legislature that the courts will utilize such judgments to provide compensation sufficient to meet the needs of an injured plaintiff and those persons who are dependent upon the plaintiff for the period of years during which said future damages may be incurred, and to eliminate the potential windfall from a lump sum recovery which was intended to provide for the care of an injured plaintiff over an extended period who then dies shortly after the judgment is paid, leaving the balance of the judgment award to persons and purposes for which it is not intended. It is also the intent of the Legislature that all elements of the periodic payment program be specified with certainty in the judgment ordering such payments. (Acts 1987, No. 87-189, p. 261, §4.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-544/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-544 - Recovery of Noneconomic Losses; Limitation of Such Losses; Mistrial if Jury Advise...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-544 - Recovery of Noneconomic Losses; Limitation of Such Losses; Mistrial if Jury Advised of Limitation.	Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation. (a) In any action for injury whether in contract or in tort against a health care provider based on a breach of the standard of care, the injured plaintiff and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses, including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not seek recovery in any amount greater than the amounts described herein for noneconomic losses. During the trial of any action neither the court nor any party shall advise or infer to the jury that it may not return an award for noneconomic losses in excess of an amount specified herein; in the event the jury is so advised or such inference is made, the trial court, upon motion of an opposing party, shall immediately declare a mistrial. Any verdict returned which includes an award for noneconomic losses in an amount greater than that permitted herein shall be reduced by the trial court to an amount which will include an award of noneconomic losses no greater than that permitted herein or to such lesser sums as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts. (Acts 1987, No. 87-189, p. 261, §5.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-545/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-545 - Evidence Admissible That Medical Expenses Will Be Reimbursed; Information Subject...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-545 - Evidence Admissible That Medical Expenses Will Be Reimbursed; Information Subject to Discovery.	Section 6-5-545 Evidence admissible that medical expenses will be reimbursed; information subject to discovery. (a) In all 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 shall be admissible as competent evidence. 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. (b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery. (c) 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, evidence relating to such reimbursement or payment shall be admissible. (Acts 1987, No. 87-189, p. 261, §6.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-546/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-546 - Venue of Actions; Transfer.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-546 - Venue of Actions; Transfer.	Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the act or omission constituting the alleged breach of the standard of care by the defendant actually occurred. If plaintiff alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's death did not result from acts or omissions which took place in more than one county, on motion of any defendant the court shall transfer the action to such county wherein the alleged acts or omissions actually occurred. For the convenience of parties and witnesses, in the interest of justice, a court may transfer any action to any other county where it might have been brought hereunder and/or may order a separate trial as to any claim or party. (Acts 1987, No. 87-189, p. 261, §7.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-547/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-547 - One Million Dollar Limit on Judgments; Mistrial if Jury Advised of Limitation.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-547 - One Million Dollar Limit on Judgments; Mistrial if Jury Advised of Limitation.	Section 6-5-547 One million dollar limit on judgments; mistrial if jury advised of limitation. In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against a health care provider whether in contract or in tort based on a breach of the standard of care the amount of any judgment entered in favor of the plaintiff shall not exceed the sum of $1,000,000. Any verdict returned in any such action which exceeds $1,000,000 shall be reduced to $1,000,000 by the trial court or such lesser sum as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts. During the trial of any action brought pursuant to Section 6-5-391 or 6-5-410 neither the court nor any party shall advise or infer to the jury that it may not return a verdict in excess of $1,000,000; in the event the jury is so advised or such inference is made the court, upon motion of an opposing party, shall immediately declare a mistrial. The maximum amount payable under this section, $1,000,000, shall be adjusted on April fifteenth of each year to reflect any increase or decrease during the preceding calendar year in the Consumer Price Index of the United States Department of Commerce. Said adjustment shall equal the percentage change in the Consumer Price Index during the preceding calendar year. (Acts 1987, No. 87-189, p. 261, §8.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-548/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-548 - Burden of Proof; Reasonable Care as Similarly Situated Health Care Provider; No Ev...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-548 - Burden of Proof; Reasonable Care as Similarly Situated Health Care Provider; No Evidence Admitted of Medical Liability Insurance.	Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider; no evidence admitted of medical liability insurance. (a) In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is not certified by an appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself or herself out as a specialist, a "similarly situated health care provider" is one who meets all of the following qualifications: (1) Is licensed by the appropriate regulatory board or agency of this or some other state. (2) Is trained and experienced in the same discipline or school of practice. (3) Has practiced in the same discipline or school of practice during the year preceding the date that the alleged breach of the standard of care occurred. (c) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is certified by an appropriate American board as a specialist, is trained and experienced in a medical specialty, and holds himself or herself out as a specialist, a "similarly situated health care provider" is one who meets all of the following requirements: (1) Is licensed by the appropriate regulatory board or agency of this or some other state. (2) Is trained and experienced in the same specialty. (3) Is certified by an appropriate American board in the same specialty. (4) Has practiced in this specialty during the year preceding the date that the alleged breach of the standard of care occurred. (d) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, no evidence shall be admitted or received, whether of a substantive nature or for impeachment purposes, concerning the medical liability insurance, or medical insurance carrier, or any interest in an insurer that insures medical or other professional liability, of any witness presenting testimony as a "similarly situated health care provider" under the provisions of this section or of any defendant. The limits of liability insurance coverage available to a health care provider shall not be discoverable in any action for injury or damages or wrongful death, whether in contract or tort, against a health care provider for an alleged breach of the standard of care. (e) The purpose of this section is to establish a relative standard of care for health care providers. A health care provider may testify as an expert witness in any action for injury or damages against another health care provider based on a breach of the standard of care only if he or she is a "similarly situated health care provider" as defined above. It is the intent of the Legislature that in the event the defendant health care provider is certified by an appropriate American board or in a particular specialty and is practicing that specialty at the time of the alleged breach of the standard of care, a health care provider may testify as an expert witness with respect to an alleged breach of the standard of care in any action for injury, damages, or wrongful death against another health care provider only if he or she is certified by the same American board in the same specialty. (Acts 1987, No. 87-189, p. 261, §9; Acts 1996, No. 96-511, p. 650, §3.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-549/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-549 - Standard of Proof Shall Be Proof by Substantial Evidence; Scintilla Rule of Eviden...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-549 - Standard of Proof Shall Be Proof by Substantial Evidence; Scintilla Rule of Evidence Abolished; Instruction to Jury.	Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury. In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care, the minimum standard of proof required to test the sufficiency of the evidence to support any issue of fact shall be proof by substantial evidence. In all such actions, whether arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings or motions filed in such actions testing the sufficiency of the evidence to support an issue of fact, including, but not limited to, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings respecting the sufficiency of the evidence, the standard of proof required shall be proof by substantial evidence. In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury shall be reasonably satisfied by substantial evidence that the health care provider failed to comply with the standard of care and that such failure probably caused the injury or death in question. (Acts 1987, No. 87-189, p. 261, §10; Acts 1996, No. 96-511, p. 650, §3.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-549-1/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-549.1 - Limits of Liability Insurance Coverage in Legal Action Against Health Care Provi...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-549.1 - Limits of Liability Insurance Coverage in Legal Action Against Health Care Providers; Testimony of Health Care Providers as Specialists.	Section 6-5-549.1 Limits of liability insurance coverage in legal action against health care providers; testimony of health care providers as specialists. (a) This section and Sections 6-5-548 and 6-5-549 shall be known and may be cited as "The Alabama Medical Liability Act of 1996." (b) The Legislature of the State of Alabama finds and declares that a crisis continues to threaten the delivery and availability of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy as a result of this crisis. In accordance with the previous declarations of the Legislature of Alabama in Sections 6-5-480 to 6-5-488, inclusive, 27-26-1 to 27-26-4, inclusive, and 27-26-20 to 27-26-43, inclusive, and Sections 6-5-540 to 6-5-552, inclusive, it is the declared intent of this Legislature to ensure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. The continuing and ever increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden on those who can least afford such increases. The threat of such actions contributes to the performance of expensive medical procedures by physicians and other health care providers which otherwise would not be considered necessary. The spiraling cost and decreasing availability of essential medical services caused by the threat of litigation constitutes a danger to the health and safety of the citizens of this state. This section and Sections 6-5-548 and 6-5-549 should be given effect immediately to help control the spiraling cost of health care and to insure its continuing availability. Additionally, the increasing threat of legal actions for alleged medical injury has resulted in a continuing limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of defendant health care providers through the interjection of evidence of insurance, the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider. (c) For the purposes of this section and Sections 6-5-548 and 6-5-549, the terms used shall have the meanings respectively ascribed to them in Section 6-5-542. Notwithstanding the foregoing, for purposes of this section and Sections 6-5-548 and 6-5-549, the term "health care provider" shall include any licensed optometrist or licensed chiropractor and the term "professional corporation" shall include any optometric or chiropractic professional corporation or optometric or chiropractic, professional association; and, for purposes of this section and Sections 6-5-548(a) and 6-5-549, the term "health care provider" shall include any licensed podiatrist and the term "professional corporation" shall include any podiatric professional corporation or podiatric professional association. However, subsection (e) does not apply to licensed optometrists and optometric professional corporations or licensed chiropractors and chiropractic professional associations. (d) This section and Sections 6-5-548 and 6-5-549 are intended to supplement "The Alabama Medical Liability Act," Act 513, 1975 Regular Session and "The Alabama Medical Liability Act of 1987," Act 87-189, 1987 Regular Session and the legislative intent stated therein. (e) This section and Sections 6-5-548 and 6-5-549 apply to all actions pending against health care providers at the time of the effective date of the sections. Notwithstanding the foregoing, this section shall not apply to an action filed against a podiatrist prior to March 7, 2006. (Acts 1996, No. 96-511, p. 650, §§1, 2, 4-6; Act 2006-191, p. 269, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-550/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-550 - Cause of Action for Malicious Prosecution of Civil Action Against Health Care Prov...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-550 - Cause of Action for Malicious Prosecution of Civil Action Against Health Care Provider.	Section 6-5-550 Cause of action for malicious prosecution of civil action against health care provider. There is hereby created a cause of action for damages for malicious prosecution on the grounds that the party instituting a civil action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care knew or should have known that the same was without adequate legal basis, or false, or unfounded, or without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing such a civil action known to be without legal basis, false, or unfounded. In any action for malicious prosecution under this section, the injured party may recover actual damages including litigation costs paid by or on behalf of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's fee and all other costs of litigation. In an action for malicious prosecution under this section, actual malice need not be an element of the claim nor do special damages need to be proved. The elimination of these requirements in permitting the recovery of actual damages or liquidated damages, a reasonable attorney's fee and other costs of litigation is intended to be in derogation of the common law. The cause of action established by this section is not a compulsory counterclaim in the original civil action upon which it is based for the purposes of Rule 13, Alabama Rules of Civil Procedure. (Acts 1987, No. 87-189, p. 261, §11.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-551/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-551 - Complaint to Detail Circumstances Rendering Provider Liable; Discovery.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-551 - Complaint to Detail Circumstances Rendering Provider Liable; Discovery.	Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, whether resulting from acts or omissions in providing health care, or the hiring, training, supervision, retention, or termination of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery and all aspects of the action. The plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint which fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission. (Acts 1987, No. 87-189, p. 261, §12; Act 2000-387, p. 609, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-29/section-6-5-552/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 29 - Medical Liability Act of 1987.›Section 6-5-552 - Application.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 29 - Medical Liability Act of 1987. › Section 6-5-552 - Application.	Section 6-5-552 Application. This article applies to all actions against health care providers based on acts or omissions accruing after June 11, 1987, and as to such causes of action, shall supersede any inconsistent provision of law. (Acts 1987, No. 87-189, p. 261, §13.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-570/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-570 - Statement of Legislative Intent.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-570 - Statement of Legislative Intent.	Section 6-5-570 Statement of legislative intent. It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of legal service to the people of Alabama and that the quality of legal services which should be made available to the citizens of this state is in jeopardy. It is the declared intent of this Legislature to insure that quality legal services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions against legal service providers contributes to an increase in the cost of legal services and places a heavy burden upon those who can least afford such cost and that the threat of such legal actions contributes to the expense of providing legal services to be performed by legal service providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential legal services caused by the threat of such litigation constitutes a danger to the welfare of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of legal services and to insure the continued availability of vital legal services. In addition, this Legislature finds that legal service providers are experiencing great and increasing difficulties in obtaining professional liability insurance and that there is a great and rapid increase in the cost of professional liability insurance. This Legislature finds that both the availability and the cost of professional liability insurance is in direct consequence to the threat of legal actions against Alabama legal service providers. It is the intent of the Legislature to establish a comprehensive system governing all legal actions against legal service providers. The Legislature finds that in order to protect the rights and welfare of all Alabama citizens and in order to provide for the fair, orderly, and efficient administration of legal actions against legal service providers in the courts of this state, this article provides a complete and unified approach to legal actions against legal service providers and creates a new and single form of action and cause of action exclusively governing the liability of legal service providers known as a legal service liability action and provides for the time in which a legal service liability action may be brought and maintained is required. (Acts 1988, No. 88-262, p. 406, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-571/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-571 - Short Title.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-571 - Short Title.	Section 6-5-571 Short title. This article may be cited and known as "The Alabama Legal Services Liability Act." (Acts 1988, No. 88-262, p. 406, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-572/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-572 - Definitions.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-572 - Definitions.	Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION. Any action against a legal service provider in which it is alleged that some injury or damage was caused in whole or in part by the legal service provider's violation of the standard of care applicable to a legal service provider. A legal service liability action embraces all claims for injuries or damages or wrongful death whether in contract or in tort and whether based on an intentional or unintentional act or omission. A legal services liability action embraces any form of action in which a litigant may seek legal redress for a wrong or an injury and every legal theory of recovery, whether common law or statutory, available to a litigant in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone licensed to practice law by the State of Alabama or engaged in the practice of law in the State of Alabama. The term legal service provider includes professional corporations, associations, and partnerships and the members of such professional corporations, associations, and partnerships and the persons, firms, or corporations either employed by or performing work or services for the benefit of such professional corporations, associations, and partnerships including, without limitation, law clerks, legal assistants, legal secretaries, investigators, paralegals, and couriers. (3) STANDARD OF CARE. a. The standard of care applicable to a legal service provider is that level of such reasonable care, skill, and diligence as other similarly situated legal service providers in the same general line of practice in the same general locality ordinarily have and exercise in a like case. b. However, if the legal service provider publishes the fact that he or she is certified as a specialist in an area of the law or if the legal service provider solicits business by publicly advertising as a specialist in an area of the law, the standard of care applicable to such legal service provider shall be such reasonable care, skill, and diligence as other legal service providers practicing as a specialist in the same area of the law ordinarily have and exercise in a like case. (4) BREACH OF THE STANDARD OF CARE. The failure by a legal service provider to comply with the applicable standard of care the breach of which proximately causes the injury or damages or wrongful death. (5) UNDERLYING ACTION. The term underlying action refers to the legal matter concerning the handling of which it is alleged that the legal services provider breached the applicable standard of care. The term is applicable in legal service liability actions in which the legal service provider's liability is dependent in part upon or derived from the legal service provider's acts or omissions concerning the handling of the underlying action. (6) RULES OF PROFESSIONAL CONDUCT. Any rules governing the conduct of a legal services provider as defined herein. (Acts 1988, No. 88-262, p. 406, §3.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-573/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-573 - Creation of One Form of Action Against Legal Service Providers.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-573 - Creation of One Form of Action Against Legal Service Providers.	Section 6-5-573 Creation of one form of action against legal service providers. There shall be only one form and cause of action against legal service providers in courts in the State of Alabama and it shall be known as the legal service liability action and shall have the meaning as defined herein. (Acts 1988, No. 88-262, p. 406, §4.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-574/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-574 - Limitation on Time for Commencement of Legal Service Liability Action.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-574 - Limitation on Time for Commencement of Legal Service Liability Action.	Section 6-5-574 Limitation on time for commencement of legal service liability action. (a) All legal service liability actions against a legal service provider must be commenced within two years 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 or omission or failure; except, that an act or omission or failure giving rise to a claim which occurred before August 1, 1987, 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 limitations 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 or her eighth birthday to commence such action. (Acts 1988, No. 88-262, p. 406, §5.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-575/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-575 - Settlement of Disputes by Voluntary Arbitration.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-575 - Settlement of Disputes by Voluntary Arbitration.	Section 6-5-575 Settlement of disputes by voluntary arbitration. (a) After a legal service provider has rendered services, or failed to render services, to a client 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 1988, No. 88-262, p. 406, §6.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-576/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-576 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payme...	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-576 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable.	Section 6-5-576 Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable. (a) In all legal service liability actions, 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 costs. (b) In no case shall an advance payment in excess of an award be repayable by the person receiving it. (Acts 1988, No. 88-262, p. 406, §7.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-577/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-577 - Rules of Evidence and Procedures in Civil Actions Preserved.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-577 - Rules of Evidence and Procedures in Civil Actions Preserved.	Section 6-5-577 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 1988, No. 88-262, p. 406, §8.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-578/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-578 - Effect of Compliance or Violation of the Rules of Professional Conduct.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-578 - Effect of Compliance or Violation of the Rules of Professional Conduct.	Section 6-5-578 Effect of compliance or violation of the rules of professional conduct. (a) Evidence of action taken by a legal service provider in an effort to comply with any provision or any official opinion or interpretation of the rules of professional conduct shall be admissible only in defense of a legal service liability action and the same shall be available as a defense to any legal services liability action. (b) Neither evidence of a charge of a violation of the rules of professional conduct against a legal service provider nor evidence of any action taken in response to such a charge shall be admissible in a legal services liability action and the fact that a legal service provider violated any provision of the rules of professional conduct shall not give rise to an independent cause of action or otherwise be used in support of recovery in a legal services liability action. (Acts 1988, No. 88-262, p. 406, §9.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-579/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-579 - Severability of Underlying Action and Available Defenses.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-579 - Severability of Underlying Action and Available Defenses.	Section 6-5-579 Severability of underlying action and available defenses. (a) If the liability to damages of a legal services provider is dependent in whole or in part upon the resolution of a underlying action, the outcome of which is either in doubt or could have been affected by the alleged breach of the legal services provider standards of care, then, in that event, the court shall upon the motion of the legal services provider, order the severance of the underlying action for separate trial. (b) In defense of the underlying action, the legal services provider may assert any and all substantive and procedural defense, restriction, limitation, or immunity which could have the effect of limiting, mitigating, reducing, or avoiding liability or damages. (Acts 1988, No. 88-262, p. 406, §10.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-580/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-580 - Standards of Care.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-580 - Standards of Care.	Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death, whether in contract or in tort, against a legal service provider, the plaintiff shall have the burden of proving that the legal service provider breached the applicable standard of care. The applicable standard of care shall be as follows: (1) The applicable standard of care against the defendant legal service provider shall be such reasonable care and skill and diligence as other similarly situated legal service providers in the same general line of practice in the same general area ordinarily have and exercise in a like case. (2) However, if the defendant publishes the fact that he or she is certified as a specialist in an area of the law or if the defendant legal service provider solicits business by publicly advertising as a specialist in any area of the law, the standard of care applicable to such legal service provider in a claim for damages resulting from the practice of such a specialty shall be such reasonable care, skill, and diligence as other legal service providers practicing as specialist in the same area of the law ordinarily have and exercise in a like case. (3) Nothing in this article shall be deemed to allow either the solicitation of business by or advertising by a legal services provider in violation of any rule of the Alabama Supreme Court. (Acts 1988, No. 88-262, p. 406, §11.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-30/section-6-5-581/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 30 - Legal Service Liability Actions.›Section 6-5-581 - Applicability and Effect on Inconsistent Provisions of Law.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 30 - Legal Service Liability Actions. › Section 6-5-581 - Applicability and Effect on Inconsistent Provisions of Law.	Section 6-5-581 Applicability and effect on inconsistent provisions of law. This article applies to all actions against legal service providers based on acts or omissions accruing after April 12, 1988, and, as to such causes of action, shall supersede any inconsistent provision of law. (Acts 1988, No. 88-262, p. 406, §12.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-31/section-6-5-600/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 31 - Utility Services Actions.›Section 6-5-600 - Definitions.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-600 - Definitions.	Section 6-5-600 Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them herein, except where the context clearly indicates a different meaning: (1) UTILITY. Any public or private utility, any telephone company, or telephone business, and any utility or other entity which is owned or operated by a municipality, electric power board, gas board, utilities board, county improvement authority, power district, or other governmental entity which is engaged in providing electricity, natural gas, water, sewer, garbage, telecommunication, or satellite services, or any combination thereof for sale to consumers. (2) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers. (Acts 1988, No. 88-542, p. 840, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-31/section-6-5-601/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 31 - Utility Services Actions.›Section 6-5-601 - Right of Action for Diversion or Unauthorized Use of Utility Services.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-601 - Right of Action for Diversion or Unauthorized Use of Utility Services.	Section 6-5-601 Right of action for diversion or unauthorized use of utility services. Any person who knowingly: (1) Connects any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting utility services in such a manner as to permit the use of said utility services without the same passing through a meter or other instrument recording the usage for billing; (2) Alters, injures, turns on, or prevents the action of a meter, valve, stopcock, or other instrument used for measuring quantities of utility services; (3) Breaks, defaces, or causes to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of utility services or a security system for said recording device; (4) Removes a metering device for measuring quantities of utility services; (5) Transfers from one location to another a metering device for measuring usage of utility services; (6) Uses a metering device belonging to the utility that has not been assigned to said location and installed by the utility; (7) Adjusts the indicated consumption, jams the measuring device, bypasses the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly or otherwise obtains quantities of utility services from the utility without same passing through a metering device for measuring quantities of consumption for billing; (8) Fabricates or uses a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts; (9) Otherwise takes any action resulting in the diversion or unauthorized use of utility services; shall be liable civilly for damages resulting from such violations. (Acts 1988, No. 88-542, p. 840, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-31/section-6-5-602/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 31 - Utility Services Actions.›Section 6-5-602 - Damages.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-602 - Damages.	Section 6-5-602 Damages. The damages shall be three times the estimated loss of revenue, plus the cost of the repair or replacement of equipment necessitated by violation of this article and all other costs and expenses, including a reasonable attorney's fee, incurred by the utility resulting from a violation of this article and incurred in collecting the damages provided for by this article. (Acts 1988, No. 88-542, p. 840, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-31/section-6-5-603/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 31 - Utility Services Actions.›Section 6-5-603 - Effect of Criminal Conviction.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-603 - Effect of Criminal Conviction.	Section 6-5-603 Effect of criminal conviction. Conviction under Section 13A-8-10, as amended or under any other criminal statute punishing theft of utility services or tampering with utility meters or facilities or diversion of utility services shall conclusively establish the liability of the person convicted for the damages provided under this article. (Acts 1988, No. 88-542, p. 840, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-31/section-6-5-604/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 31 - Utility Services Actions.›Section 6-5-604 - Determination of Estimated Lost Revenue.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-604 - Determination of Estimated Lost Revenue.	Section 6-5-604 Determination of estimated lost revenue. In determining estimated lost revenue for the purposes of this article, if data is not available from which the lost revenue can be computed the court shall estimate such loss based on usage at the premises involved, or at comparable other premises, during a similar time period prior to or coincident with the period during which utility services were unlawfully made available. (Acts 1988, No. 88-542, p. 840, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-31/section-6-5-605/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 31 - Utility Services Actions.›Section 6-5-605 - Application of Terms "Utilities" and "Public Utility".	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 31 - Utility Services Actions. › Section 6-5-605 - Application of Terms "Utilities" and "Public Utility".	Section 6-5-605 Application of terms "utilities" and "public utility". For purposes of this article and for purposes of Sections 40-8-1 and 40-21-50 as amended, the terms "utilities" and "public utility," as applied to telecommunications, "telephone company," and "telephone business" mean the provisioning of local exchange services. (Acts 1988, No. 88-542, p. 840, §3; Acts 1989, No. 89-525, p. 1074, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-32/section-6-5-620/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 32 - Action for Disparagement of Food Product or Commodity.›Section 6-5-620 - Statement of Legislative Intent.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-620 - Statement of Legislative Intent.	Section 6-5-620 Statement of legislative intent. The Legislature hereby finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitute an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers to recover damages for the disparagement of any perishable product or commodity. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-32/section-6-5-621/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 32 - Action for Disparagement of Food Product or Commodity.›Section 6-5-621 - Definitions.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-621 - Definitions.	Section 6-5-621 Definitions. As used in this article, the following terms have the following meanings: (1) DISPARAGEMENT. The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data. (2) PERISHABLE FOOD PRODUCT OR COMMODITY. Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §2.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-32/section-6-5-622/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 32 - Action for Disparagement of Food Product or Commodity.›Section 6-5-622 - Damages.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-622 - Damages.	Section 6-5-622 Damages. Any person who produces, markets, or sells a perishable food product or commodity, and suffers damage as a result of another person's disparagement of perishable food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including but not limited to, compensatory and punitive damages. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §3.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-32/section-6-5-623/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 32 - Action for Disparagement of Food Product or Commodity.›Section 6-5-623 - Defenses.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-623 - Defenses.	Section 6-5-623 Defenses. It is no defense under this article that the actor did not intend, or was unaware of, the act charged. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §4.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-32/section-6-5-624/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 32 - Action for Disparagement of Food Product or Commodity.›Section 6-5-624 - Limitation on Time for Commencement of Action.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-624 - Limitation on Time for Commencement of Action.	Section 6-5-624 Limitation on time for commencement of action. Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within one year after the cause of action accrues. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §5.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-32/section-6-5-625/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 32 - Action for Disparagement of Food Product or Commodity.›Section 6-5-625 - Construction With Other Criminal Laws.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 32 - Action for Disparagement of Food Product or Commodity. › Section 6-5-625 - Construction With Other Criminal Laws.	Section 6-5-625 Construction with other criminal laws. This article shall be construed in pari materia with all laws relating to fraud, criminal mischief, criminal tampering with property, interruption of or impairing commerce and trade, unlawful trade practices, and property damage. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §6.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-640/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 33 - Class Actions.›Section 6-5-640 - Scope and Effect on Other Laws or Rules.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 33 - Class Actions. › Section 6-5-640 - Scope and Effect on Other Laws or Rules.	Section 6-5-640 Scope and effect on other laws or rules. This article shall apply to and govern all civil class actions brought in the state courts of Alabama pursuant to Alabama Rule of Civil Procedure 23. The provisions of this article, where inconsistent with any Alabama Rule of Civil Procedure, including, but not limited to, Ala. R. Civ. P. 23, shall supersede such rules or parts of rules. (Act 99-250, p. 329, §1.)
https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-641/	AL	Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 33 - Class Actions.›Section 6-5-641 - Certification of Classes.	2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 33 - Class Actions. › Section 6-5-641 - Certification of Classes.	Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified or recognized by any court of the State of Alabama unless there shall have been compliance with the procedures for certification of the class set forth in this article. (b) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party (including, but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P. 16, for any discovery in which the parties may wish to engage which is both (1) allowed by Ala.R.Civ.P. 26-37, and (2) germane to the issue of whether the requested class should or should not be certified. At this conference, the court may set a date for a hearing on the issue of class certification, but such hearing may not be set sooner than 90 days after the date on which the court issues its scheduling order pursuant to the conference unless a shorter time is agreed to by all parties. (c) Upon motion of any party, the court shall, except for good cause shown and even then only if the interests of justice require that it not do so, stay all discovery directed solely to the merits of the claims or defenses in the action until the court shall have made its decision regarding certification of the class. In considering such a motion, the court shall consider whether any prejudice to the plaintiff exists because of the filing by the defendant of a Rule 56 motion for summary judgment prior to the court's decision regarding class certification. (d) The court shall, on motion of any party, hold a full evidentiary hearing on class certification. The hearing shall be recorded, and all named parties to the action shall be given notice of the date, time, and place of the hearing by written notification given to the party's attorney (or if appearing pro se, to the party) no later than 60 days prior to the date set for the hearing. At the hearing, the parties shall be allowed to present, in the same manner as at trial, any admissible evidence in support of or in opposition to the certification of the class. (e) When deciding whether a requested class is to be certified, the court shall determine, by employing a rigorous analysis, if the party or parties requesting class certification have proved its or their entitlement to class certification under Ala.R.Civ.P. 23. The burden of coming forward with such proof shall at all times be on the party or parties seeking certification, and if such proof shall not have been adduced, the court shall not order certification of the class. In making this determination, the court shall analyze all factors required by Ala.R.Civ.P. 23 for certification of a class and shall not order certification unless all such factors shall have been established. In announcing its determination, the court shall place in the record of the action a written order addressing all such factors and specifying the evidence, or lack of evidence, on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record and if the court shall be satisfied that such factor could be proven to have been established. (f) Nothing in this article shall affect, or be construed to affect, Ala.R.Civ.P. 12 or Ala.R.Civ.P. 56, including the provisions of Rule 56(f). (Act 99-250, p. 329, §2.)