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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 conta... |
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 ... |
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... |
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... | 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; te... |
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 r... |
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... |
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 ... |
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 th... |
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 sh... |
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 pr... |
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... |
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 prov... |
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 hirin... |
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 d... |
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 th... |
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-... |
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 n... |
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 ... |
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 ... |
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,... |
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... |
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 servi... |
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... |
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, §... |
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 ot... |
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 ... |
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 a... |
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 ... |
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 simi... |
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 exch... |
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 agricul... |
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... |
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 appro... |
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. 93-8... |
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 l... |
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 ac... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-33/section-6-5-642/ | 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 6-5-642 - Appeal of Certification Order. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 33 - Class Actions. › Section 6-5-642 - Appeal of Certification Order. | Section 6-5-642
Appeal of certification order.
A court's order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. Such appeal may only be filed w... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-34/section-6-5-660/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 34 - Volunteer Medical Professional Act.›Section 6-5-660 - Short Title | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-660 - Short Title | Section 6-5-660
Short title
This article shall be called the "Volunteer Medical Professional Act."
(Act 2000-680, p. 1383, §2.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-34/section-6-5-661/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 34 - Volunteer Medical Professional Act.›Section 6-5-661 - Legislative Findings. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-661 - Legislative Findings. | Section 6-5-661
Legislative findings.
The Legislature finds that the willingness of medical professionals to volunteer 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.
The Legisla... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-34/section-6-5-662/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 34 - Volunteer Medical Professional Act.›Section 6-5-662 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-662 - Definitions. | Section 6-5-662
Definitions.
For purposes of this article, the following words shall have the following meanings:
(1) ESTABLISHED FREE MEDICAL CLINIC. An organized community-based program providing medical care, without charge to individuals unable to pay for it, and which is limited to care that does not require the s... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-34/section-6-5-663/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 34 - Volunteer Medical Professional Act.›Section 6-5-663 - Liability of Volunteer Medical Professionals. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 34 - Volunteer Medical Professional Act. › Section 6-5-663 - Liability of Volunteer Medical Professionals. | Section 6-5-663
Liability of volunteer medical professionals.
(a) A medical professional who, in good faith, provides, without fee or compensation, medical treatment, diagnosis, advice, or nursing services as a part of the services of an established free medical clinic, shall not be liable for civil damages as a result... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35/section-6-5-680/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35 - Asbestos-Related Claims.›Section 6-5-680 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-680 - Definitions. | Section 6-5-680
Definitions.
For the purposes of this article, the following words shall have the following meanings:
(1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:
a. T... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35/section-6-5-681/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35 - Asbestos-Related Claims.›Section 6-5-681 - Applicability of Limitations. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-681 - Applicability of Limitations. | Section 6-5-681
Applicability of limitations.
(a) The limitations in Section 6-5-682 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation's successors.
(b) The limitations in Section 6-5-682 do not apply to:
(1) Workers' compensation benefits ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35/section-6-5-682/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35 - Asbestos-Related Claims.›Section 6-5-682 - Limitations of Liability. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-682 - Limitations of Liability. | Section 6-5-682
Limitations of liability.
(a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation doe... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35/section-6-5-683/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35 - Asbestos-Related Claims.›Section 6-5-683 - Fair Market Value of Total Gross Assets. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-683 - Fair Market Value of Total Gross Assets. | Section 6-5-683
Fair market value of total gross assets.
(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 6-5-682 through any method reasonable under the circumstances, including either of the following:
(1) By reference to the going concern va... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35/section-6-5-684/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35 - Asbestos-Related Claims.›Section 6-5-684 - Adjustment of Fair Market Value of Total Gross Assets. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-684 - Adjustment of Fair Market Value of Total Gross Assets. | Section 6-5-684
Adjustment of fair market value of total gross assets.
(a) Except as provided in subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of:
(1) The prime rate as listed in the first edition of... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35/section-6-5-685/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35 - Asbestos-Related Claims.›Section 6-5-685 - Application of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35 - Asbestos-Related Claims. › Section 6-5-685 - Application of Article. | Section 6-5-685
Application of article.
This article shall apply to any civil action asserting an asbestos claim in which the trial has not commenced as of September 1, 2011.
(Act 2011-545, p. 1001, §6.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35a/section-6-5-690/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35A - Asbestos Exposure Transparency Act.›Section 6-5-690 - Short Title. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-690 - Short Title. | Section 6-5-690
Short title.
This article shall be known and may be cited as the Asbestos Exposure Transparency Act.
(Act 2019-261, §1.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35a/section-6-5-691/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35A - Asbestos Exposure Transparency Act.›Section 6-5-691 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-691 - Definitions. | Section 6-5-691
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) ASBESTOS ACTION. A civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35a/section-6-5-692/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35A - Asbestos Exposure Transparency Act.›Section 6-5-692 - Required Disclosures by Plaintiff. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-692 - Required Disclosures by Plaintiff. | Section 6-5-692
Required disclosures by plaintiff.
(a) Subject to Section 6-5-693, within 90 days after a plaintiff files an asbestos action, the plaintiff shall do all of the following:
(1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all of the following:
a. The plaintiff's name,... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35a/section-6-5-693/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35A - Asbestos Exposure Transparency Act.›Section 6-5-693 - Bankruptcy Trust Information. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-693 - Bankruptcy Trust Information. | Section 6-5-693
Bankruptcy trust information.
(a) A plaintiff in an asbestos action need not comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action, the plaintiff files all available asbestos trust claims and provides the parties with all trust claim materials available to the plain... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-35a/section-6-5-694/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 35A - Asbestos Exposure Transparency Act.›Section 6-5-694 - Discovery. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 35A - Asbestos Exposure Transparency Act. › Section 6-5-694 - Discovery. | Section 6-5-694
Discovery.
(a) In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence. A claim of privilege does not apply to trust claim materials or trust governance documents.
(b) A defendant in an a... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-700/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-700 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-700 - Definitions. | Section 6-5-700
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) AWARDING AUTHORITY.
a. The Alabama Department of Transportation, if the contractor enters into a contract with the State of Alabama to construct, repair, or maintain a highway, a road, or a street f... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-701/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-701 - Reliance Upon Specifications. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-701 - Reliance Upon Specifications. | Section 6-5-701
Reliance upon specifications.
A contractor is justified ordinarily in relying upon the specifications that are contained in the contract with an awarding authority. No contractor shall be held civilly liable for work performed on a highway, road, bridge, or street including repairs, construction, or mai... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-702/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-702 - Compliance With Contract Documents. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-702 - Compliance With Contract Documents. | Section 6-5-702
Compliance with contract documents.
During the course of construction, a contractor who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding authority is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construc... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-703/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-703 - Notification of Potentially Dangerous Conditions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-703 - Notification of Potentially Dangerous Conditions. | Section 6-5-703
Notification of potentially dangerous conditions.
If, prior to or during the course of construction, a contractor discovers or determines that following the plans and specifications could result in a potentially dangerous condition, then the contractor shall, with specificity of such condition, expressl... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-704/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-704 - Claims by Noncontractual Third Parties. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-704 - Claims by Noncontractual Third Parties. | Section 6-5-704
Claims by noncontractual third parties.
The contractor shall bear no civil liability for any alleged property damage, personal injury, death, or other civil claims made by noncontractual third parties arising from the design decisions or professional engineering judgment, including decisions relating to... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-705/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-705 - Dangerous Conditions Outside Scope of Project. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-705 - Dangerous Conditions Outside Scope of Project. | Section 6-5-705
Dangerous conditions outside scope of project.
The contractor shall bear no civil liability for any dangerous condition that is outside of the scope of the project or that is in excess of any requirement of the governing plans and specifications provided by the awarding authority. This section shall not... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-706/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-706 - Improper Maintenance Following Conclusion of Project. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-706 - Improper Maintenance Following Conclusion of Project. | Section 6-5-706
Improper maintenance following conclusion of project.
A contractor shall bear no civil liability to a claimant for personal injury, property damage, or death which occurs subsequent to the conclusion of the project where the proximate cause of the personal injury, property damage, or death is occasioned... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-707/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-707 - Damage to Property of Utility. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-707 - Damage to Property of Utility. | Section 6-5-707
Damage to property of utility.
Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on which ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-708/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-708 - Accrual of Action. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-708 - Accrual of Action. | Section 6-5-708
Accrual of action.
This article shall only apply to a cause of action which accrues after April 24, 2012. Pursuant to this article, a cause of action accrues at the time of property damage or the occurrence of the personal injury or death that is made the basis of the civil action.
(Act 2012-225, p. 414... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36/section-6-5-709/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36 - Civil Liability of contractors..›Section 6-5-709 - Construction of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-709 - Construction of Article. | Section 6-5-709
Construction of article.
Nothing in this article shall be interpreted or construed to alter or affect the rights of any awarding authority to make a claim against a contractor or to exempt a contractor from compliance with all provisions of contracts between such contractors and an awarding authority.
(... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36a/section-6-5-710/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36A - Liability for Construction Monitoring Services.›Section 6-5-710 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36A - Liability for Construction Monitoring Services. › Section 6-5-710 - Definitions. | Section 6-5-710
Definitions.
For purposes of this article the following terms shall have the following meanings:
(1) AWARDING AUTHORITY.
a. The Alabama Department of Transportation, if the project is either for, or is funded in whole or in part by, the State of Alabama to construct, repair, resurface, refurbish, replac... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36a/section-6-5-711/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36A - Liability for Construction Monitoring Services.›Section 6-5-711 - Exemption From Civil Liability for Certain Professional Firms and Employees Provid... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36A - Liability for Construction Monitoring Services. › Section 6-5-711 - Exemption From Civil Liability for Certain Professional Firms and Employees Providing Construction Monitoring Services. | Section 6-5-711
Exemption from civil liability for certain professional firms and employees providing construction monitoring services.
The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm nor any of its employees that provide construction monitoring services on behalf of an awarding aut... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-36a/section-6-5-712/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 36A - Liability for Construction Monitoring Services.›Section 6-5-712 - Construction and Application of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36A - Liability for Construction Monitoring Services. › Section 6-5-712 - Construction and Application of Article. | Section 6-5-712
Construction and application of article.
(a) This article is not applicable to the extent that a professional firm or its employees are engaged by an awarding authority solely to design and/or prepare the engineering plans and specifications for a public or private infrastructure.
(b) This article is no... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-730/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-730 - Short Title. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-730 - Short Title. | Section 6-5-730
Short title.
This article may be cited as the "Commonsense Consumption Act."
(Act 2012-556, p. 1636, §1.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-731/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-731 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-731 - Definitions. | Section 6-5-731
Definitions.
For purposes of this article, the following words have the following meanings:
(1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.
(2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-732/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-732 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Te... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-732 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Exemptions From Civil Actions. | Section 6-5-732
Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exemptions from civil actions.
Except as exempted in Section 6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined at Section 201(f) o... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-733/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-733 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Te... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-733 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Permitted Civil Actions. | Section 6-5-733
Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Permitted civil actions.
Section 6-5-732 shall not preclude a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally kn... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-734/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-734 - Pleading Requirements; Stay of Discovery. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-734 - Pleading Requirements; Stay of Discovery. | Section 6-5-734
Pleading requirements; stay of discovery.
(a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following:
(1) The statute, rule, or other law of the state or of the United... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-735/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-735 - Construction of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-735 - Construction of Article. | Section 6-5-735
Construction of article.
(a) Nothing in this article shall be construed to create any claim, right of action, or civil liability that did not previously exist under the law of this state.
(b) Nothing in this article shall be construed to interfere with any agency's exclusive or primary jurisdiction to f... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-37/section-6-5-736/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 37 - Commonsense Consumption Act.›Section 6-5-736 - Application of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-736 - Application of Article. | Section 6-5-736
Application of article.
The provisions of this article shall apply to all covered claims pending on May 23, 2012, and all claims filed thereafter, regardless of when the claim arose.
(Act 2012-556, p. 1636, §7.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-750/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-750 - Short Title. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-750 - Short Title. | Section 6-5-750
Short title.
This article shall be known and may be cited as the Alabama Commercial Aviation Business Improvement Act of 2013.
(Act 2013-73, p. 148, §1.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-751/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-751 - Legislative Findings and Objectives. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-751 - Legislative Findings and Objectives. | Section 6-5-751
Legislative findings and objectives.
(a) The Legislature finds that the recruitment, establishment, development, and growth of the commercial aviation aircraft manufacturing industry in the State of Alabama is important to the economic health of the state and its agencies and institutions and to the gen... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-752/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-752 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-752 - Definitions. | Section 6-5-752
Definitions.
For purposes of this article, the following definitions shall apply:
(1) ACCIDENT. An incident resulting in personal injury, death, or damage to property arising out of or relating to commercial aviation aircraft.
(2) AIRCRAFT. The meaning given such term in Section 40102(6) of Title 49 of ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-753/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-753 - Commencement of Action. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-753 - Commencement of Action. | Section 6-5-753
Commencement of action.
(a) All actions against a manufacturer in tort, contract, or otherwise for death or injury to person or damage to property arising out of an accident shall be commenced within two years next after a cause of action accrues, and not thereafter. Causes of action for wrongful death ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-754/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-754 - Choice of Forum. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-754 - Choice of Forum. | Section 6-5-754
Choice of forum.
(a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-755/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-755 - Recovery; Contribution. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-755 - Recovery; Contribution. | Section 6-5-755
Recovery; contribution.
(a) In an action against a manufacturer and one or more other defendants, including other manufacturers, for death or injury to person or damage to property arising out of an accident, the right of the plaintiff to recover jointly and severally against such defendants found liabl... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-38/section-6-5-756/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013.›Section 6-5-756 - Application of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-756 - Application of Article. | Section 6-5-756
Application of article.
This article shall apply to any action filed after April 4, 2013.
(Act 2013-73, p. 148, §7.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-39/section-6-5-770/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 39 - Alabama Right of Publicity Act.›Section 6-5-770 - Short Title. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-770 - Short Title. | Section 6-5-770
Short title.
This article shall be known and may be cited as the Alabama Right of Publicity Act.
(Act 2015-188, §1.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-39/section-6-5-771/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 39 - Alabama Right of Publicity Act.›Section 6-5-771 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-771 - Definitions. | Section 6-5-771
Definitions.
For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, ... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-39/section-6-5-772/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 39 - Alabama Right of Publicity Act.›Section 6-5-772 - Liability for Use of Indicia of Identity Without Consent. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-772 - Liability for Use of Indicia of Identity Without Consent. | Section 6-5-772
Liability for use of indicia of identity without consent.
(a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of a... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-39/section-6-5-773/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 39 - Alabama Right of Publicity Act.›Section 6-5-773 - Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencem... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-773 - Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action. | Section 6-5-773
Relation to free speech; fair use; resale of lawfully-obtained products; commencement of action.
(a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901.
(b) It is a f... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-39/section-6-5-774/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 39 - Alabama Right of Publicity Act.›Section 6-5-774 - Remedies. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-774 - Remedies. | Section 6-5-774
Remedies.
A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:
(1) Monetary relief. The measure of damages shall be:
a. Statutory damages in the amount of five thous... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-790/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-790 - Legislative Findings. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-790 - Legislative Findings. | Section 6-5-790
Legislative findings.
The Legislature finds and declares the following:
(1) Providing reasonable protections from the risk and expense of lawsuits to businesses will help encourage businesses to remain open and reopen and that providing such a safe harbor to businesses that operate reasonably consistent... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-791/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-791 - Definitions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-791 - Definitions. | Section 6-5-791
Definitions.
(a) For purposes of this article, the following terms shall have the following meanings:
(1) APPLICABLE PUBLIC HEALTH GUIDANCE. Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the type of cov... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-792/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-792 - Liability of Covered Entity for Damages, Injury, or Death | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-792 - Liability of Covered Entity for Damages, Injury, or Death | Section 6-5-792
Liability of covered entity for damages, injury, or death
(a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or o... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-793/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-793 - Liability of Covered Entity for Negligence, Premises Liability, etc., Under Certai... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-793 - Liability of Covered Entity for Negligence, Premises Liability, etc., Under Certain Claims or Causes of Action. | Section 6-5-793
Liability of covered entity for negligence, premises liability, etc., under certain claims or causes of action.
(a) This section applies to both of the following causes of action that accrue before the effective date of this article:
(1) A health emergency claim for which a court holds that neither Sect... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-794/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-794 - Liability of Health Care Provider for Damages, Injury, or Death Under Certain Heal... | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-794 - Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims. | Section 6-5-794
Liability of health care provider for damages, injury, or death under certain health emergency claims.
(a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health c... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-795/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-795 - Application of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-795 - Application of Article. | Section 6-5-795
Application of article.
Nothing in this article shall be construed to preempt, remove, displace, repeal, or limit in any way any immunity, defense, or right that exists under existing law that would be applicable to any covered entity in a cause of action filed on or after March 13, 2020. This section c... |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-796/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-796 - Construction With Other Provisions. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-796 - Construction With Other Provisions. | Section 6-5-796
Construction with other provisions.
This article shall be construed in pari materia with the Emergency Management Act and with any emergency order or proclamation of the Governor relating to Coronavirus and immunity from civil lawsuits.
(Act 2021-4, §7.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-797/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-797 - Filing of Claims. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-797 - Filing of Claims. | Section 6-5-797
Filing of claims.
A health emergency claim under Section 6-5-792 or a claim under Section 6-5-793 or 6-5-794 must be filed not later than two years after the date of the damages, injury, or death.
(Act 2021-4, §8.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-798/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-798 - Relation to Workers' Compensation Act. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-798 - Relation to Workers' Compensation Act. | Section 6-5-798
Relation to Workers' Compensation Act.
This article does not affect the right of any person to receive or claim benefits otherwise available under the Workers' Compensation Act.
(Act 2021-4, §9.) |
https://law.justia.com/codes/alabama/title-6/chapter-5/article-40/section-6-5-799/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic.›Section 6-5-799 - Termination of Immunity and Other Provisions of Article. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-799 - Termination of Immunity and Other Provisions of Article. | Section 6-5-799
Termination of immunity and other provisions of article.
The immunity and other provisions provided in this article shall terminate December 31, 2021, or one year after a declared health emergency relating to Coronavirus expires, whichever is later, except that any civil liability arising out of acts or... |
https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-1 - Duty of Courts to Encourage Settlement of Pending Controversies. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-1 - Duty of Courts to Encourage Settlement of Pending Controversies. | Section 6-6-1
Duty of courts to encourage settlement of pending controversies.
It is the duty of all courts to encourage the settlement of controversies pending before them by a reference thereof to arbitrators chosen by the parties or their attorneys and, on motion of the parties, must make such order and continue the... |
https://law.justia.com/codes/alabama/title-6/chapter-6/article-1/division-1/section-6-6-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 1 - Settlement of Controversies.›Division 1 - Arbitration and Award.›Section 6-6-2 - Reference of Controversy When No Action Pending to Arbitrators. | 2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-2 - Reference of Controversy When No Action Pending to Arbitrators. | Section 6-6-2
Reference of controversy when no action pending to arbitrators.
When no action is pending, the parties to any controversy may refer the determination thereof to the decision of arbitrators to be chosen by themselves, and the award made pursuant to the provisions of this division must be entered up as the ... |
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