22-30D-9
Section 22-30D-9 Liability. (a)(1) Except as otherwise preempted or limited by applicable federal
law, upon reporting to the department and the board of any contamination or suspected contamination,
no owner or operator, wholesale distributor, impacted third party, adjacent landowner, or
person owning any abandoned drycleaning facility who shall have elected to be covered by this
chapter shall be liable to the state or any third party for costs incurred in the investigation
or cleanup of, or equitable relief relating to, or resulting, in whole or in part, from a
preexisting release of any drycleaning agent at, on, or from any drycleaning facility, wholesale
distribution facility, or abandoned drycleaning facility or a new release of any drycleaning
agent, unless such new release resulted from noncompliance with a department approved investigation,
assessment, or remediation plan. (2) Pursuant to the rules and regulations to be adopted by
the department as required by Section 22-30D-4...
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23-2-172
Section 23-2-172 Enforcement of judgments. THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE
2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION
LABELED PENDING. (a) If a municipal or district court determines that the person or entity
charged with liability under this article is liable, the court shall enter a judgment against
the person or entity and mail a copy of the judgment thereto. The court shall collect the
unpaid tolls and administrative fee. The court may impose court costs and a civil penalty
of up to one hundred dollars ($100) for each violation. Tolls, fees, and penalties shall be
forwarded to the entity administering the tolls at the facility where the violation occurred.
(b) Upon failure to satisfy a judgment within 60 days of its entry and upon the written request
of the authority, department, private toll entity, or an agent or representative thereof,
it shall be the duty of the clerk of the court, or of the judge of a court...
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26-19B-6
Section 26-19B-6 Liability of entities and individuals. An entity or individual participating
in the dissemination of an alert generated through the alert system under this chapter is
not liable for any civil damages arising from the dissemination of the alert absent unreasonable,
wanton, willful, or intentional conduct. (Act 2015-28, §6.)...
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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
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36-19-43
Section 36-19-43 Insurer or agents not liable for compliance with division; confidentiality;
testimony; violations. (a) In the absence of fraud or malice, no insurer, or person who furnishes
information on its behalf, shall be liable for damages in a civil action or subject to criminal
prosecution for any oral or written statement made or any other action taken that is necessary
to supply information required by this article. (b) The officials and departmental and agency
personnel receiving any information furnished pursuant to this article shall hold the information
in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(c) Any official referred to in Section 36-19-41 may be required to testify as to any information
in his possession regarding the fire loss of real or personal property in any civil action
in which any person seeks recovery under a policy against an insurance company for the fire
loss. (d) No person shall purposely refuse...
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45-2-22.11
Section 45-2-22.11 Remedies. (a) If a supplier engages in conduct prohibited under this part,
a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates any provision of this part shall be liable for all actual damages and all court
costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as
a result of that violation. A wholesaler that violates any provision of this part shall be
liable for all actual damages and all court costs and, in the court's discretion, reasonable
attorney fees incurred by the supplier as a result of that violation. (c)...
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45-37-21.12
Section 45-37-21.12 Violations. (a) If a supplier engages in conduct prohibited under this
part, a wholesaler with which the supplier has an agreement may maintain a civil action against
the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this part, a supplier with which
the wholesaler has an agreement may maintain a civil action against the wholesaler to recover
actual damages reasonably incurred as the result of the prohibited conduct. (b) A supplier
that violates this part shall be liable for all actual damages and all court costs and, in
the discretion of the court, reasonable attorney fees incurred by a wholesaler as a result
of that violation. A wholesaler that violates this part shall be liable for all actual damages
and all court costs and, in the discretion of the court, reasonable attorney fees incurred
by the supplier as a result of that violation. (c) This part imposes upon a...
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45-37A-100.13
Section 45-37A-100.13 Criminal violations. No fine may be imposed and no adjudication of liability
for a civil violation may be made under this article if the operator of the vehicle was arrested
or was issued a citation and notice to appear by a sworn police officer for a criminal violation
of any portion of Article 2, commencing with Section 32-5A-30, Chapter 5A, Title 32, including,
but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance
which embraces and incorporates the statutes contained in that article, and which occurred
simultaneously with and under the same set of circumstances that were recorded by the photographic
traffic signal enforcement system, the photographic stop sign enforcement system, or the photographic
vehicle speed enforcement system. (Act 2013-228, p. 546, §14.)...
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45-37A-331.12
Section 45-37A-331.12 Criminal violations. No civil penalty may be imposed and no adjudication
of liability for a civil violation may be made under this part if the operator of the vehicle
was arrested or was issued a citation and notice to appear by a sworn police officer for a
criminal violation of any portion of Article 2, commencing with Section 32-5A-30, Chapter
5A, Title 32, including, but not limited to, Sections 32-5A-31, 32-5A-34, and 32-5A-35, or
any other municipal ordinance which embraces and incorporates the statutes contained in that
article, and which occurred simultaneously with and under the same set of circumstances which
were recorded by the photographic traffic signal enforcement system. (Act 2011-569, p. 1153,
§13.)...
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45-37A-42.13
Section 45-37A-42.13 Criminal violations. No fine may be imposed and no adjudication of liability
for a civil violation may be made under this part if the operator of the vehicle was arrested
or was issued a citation and notice to appear by a sworn police officer for a criminal violation
of any portion of Article 2, Chapter 5A, Title 32, including, but not limited to, Sections
32-5A-31, 32-5A-34, and 32-5A-35, or any other municipal ordinance which embraces and incorporates
the statutes contained in that article, and which occurred simultaneously with and under the
same set of circumstances that were recorded by the photographic traffic signal enforcement
system, the photographic stop sign enforcement system, or the photographic vehicle speed enforcement
system. (Act 2016-323, §14.)...
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