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6-5-225
Section 6-5-225 Time for commencement of action against architects, engineers, and builders.
(a) It is the purpose and intent of the Legislature in connection with all actions against
architects and engineers, who perform or furnish the design, planning, specifications, testing,
supervision, administration, or observation of the construction of an improvement on or to
real property, and builders who construct, perform, or manage the construction of an improvement
on or to real property designed by and constructed under the supervision, administration or
observation of, or in accordance with the plans and specifications prepared by, an architect
or engineer, to limit the time for commencement of an action to a period of two years from
the date a cause of action accrues and to bar all causes of action and rights of action which
accrue more than seven years after substantial completion of such improvement. The Legislature
finds that this classification distinguishing architects,...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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27-5-8
Section 27-5-8 "Marine insurance" defined. "Marine insurance" includes:
(1) Insurance against any and all kinds of loss or damage to: a. Vessels, craft, aircraft,
cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise,
effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action,
evidence of debt, valuable papers, bottomry and respondentia interests, and all other kinds
of property and interests therein in respect to, appertaining to or in connection with any
and all risks or perils of navigation, transit, or transportation, including war risks, on
or under any seas or other waters, on land or in the air, or while being assembled, packed,
crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or
during any delays, storage, transshipment, or reshipment incident thereto, including marine
builder's risks and all personal property floater risks; b. Person or to property in...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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32-7-6
Section 32-7-6 Security required; suspensions; applicability. (a) If 20 days after the receipt
of a report of a motor vehicle accident within this state which has resulted in bodily injury
or death, or damage to the property of any one person in excess of five hundred dollars ($500),
the director does not have on file evidence satisfactory that the person who would otherwise
be required to file security under subsection (b) of this section has been released from liability,
or has been finally adjudicated not to be liable, or has executed a duly acknowledged written
agreement or conditional release providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident, which agreement
or conditional release may include reasonable interest as set out in Section 32-7-7, the director
shall determine the amount of security which shall be sufficient in his or her judgment to
satisfy any judgment or judgments for damages...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section, the following
words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY.
Any public or private corporation, board, or authority established pursuant to a general or
local law by state, county, or municipal government for the purpose of carrying out a specific
governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county
in the state; any department, agency, board, or commission of a municipality, a county, or
the state; any legislative or regulatory body of the state, or of any municipality or county;
any state, municipal, or county governmental corporation or authority; any state university
or community college, including any publicly funded trade or technical school; the State Board
of Education, and all county, municipal, and city-county public school boards; any state,
county, or municipal hospital boards when such boards are...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and
maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction of
improvements. Whenever any improvement constructed under this article is completed, it shall
be under the control and supervision of the board of water management commissioners. It shall
be the duty of said board to maintain the levees, ditches, drains, watercourses, floodwater
retarding structures and any other improvements in good repair, and for this purpose the board
of water management commissioners may annually levy a tax on the lands benefited by the construction
of such improvement in the same manner as other water management taxes are levied, not to
exceed 10 percent of the assessed benefits in any one year, and the fund that is collected
shall be used for repairing and maintaining the ditches, drains, watercourses, floodwater
retarding structures and other improvements in perfect order;...
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