|
41-9-68
Section 41-9-68 Determination of amount of injury or damage and entry of award for payment
of damages generally. (a) When claims are properly prepared and presented to the Board of
Adjustment and, after ascertaining the facts in the case, it is directed to determine the
amount of the injury, death or disability or other injury or damage arising from contract
or business and to fix the damages, using as its guide, when applicable, the ordinary rules
of negligence and worker's compensation laid down by the courts and the moral obligation of
the State of Alabama, and to award and find the person entitled to payment and the amount,
if any, which should be paid and any other facts necessary for a proper adjustment of claims.
The ordinary rules of negligence as to liability are to be followed in claims by parties not
employees of the State of Alabama or any of its agencies, commissions, boards, institutions
or departments. The rules of Chapter 5 of Title 25 as to liability are to be followed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-68.htm - 2K - Match Info - Similar pages
6-5-701
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 maintenance on behalf of the awarding authority
unless it is shown by a preponderance of the evidence that physical injury, property damage,
or death is proximately caused by any of the following: (1) A failure by the contractor to
follow the plans and specifications resulting in a dangerous condition. (2) The contractor's
performance of the contract in compliance with the plans and specifications creates a condition
that should have appeared, to a reasonably prudent contractor, to be a dangerous condition.
(3) A latent defect which creates a dangerous condition that is the result of the work of
the contractor. (Act 2012-225, p. 414, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-701.htm - 1K - Match Info - Similar pages
7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-506.htm - 1K - Match Info - Similar pages
25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-53.htm - 2K - Match Info - Similar pages
37-2-62
Section 37-2-62 Action for damages. (a) If the value of such goods, property or chattels so
lost, destroyed or not delivered, or the amount of damages or injury, where injured, shall
not be paid or tendered to such person entitled thereto so presenting such verified claim
therefor within the time prescribed in subsection (b) of Section 37-2-61, such person may,
on bringing an action therefor and on making proof of such shipment and loss, or destruction,
failure to deliver or injury to such goods, chattels or property, and the due presentation
of such verified claim, or demand for the value of, or damage to such goods, property or chattels,
and that such claim was not for more than such value or injury, and the failure of such transportation
company to pay for the same within 60 days from the making of such demand, recover from the
said transportation company fourfold damages, suffered by reason of such loss, destruction
or injury, unless such loss, destruction or injury is the result...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-62.htm - 2K - Match Info - Similar pages
6-5-218
Section 6-5-218 Rule of prescription regarding damages arising out of improvements to real
property. (a) No action in tort, contract, or otherwise shall be commenced against any person
performing or furnishing the design, planning, supervision, or observation of construction
or the construction of an improvement to real property more than seven years after the substantial
completion of such improvement for the recovery of damages for: (1) Any deficiency in the
design, planning, supervision, or observation of construction or construction of such an improvement;
or (2) Injury to real or personal property caused by any such deficiency; or (3) Injury to
or wrongful death of a person caused by any such deficiency. (b) The prohibition provided
in this section shall apply to any action commenced against a person for his own act, or failure
to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained
in this section shall extend to every demand, whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-218.htm - 2K - Match Info - Similar pages
6-5-711
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 authority relating to the construction, repair, resurfacing,
refurbishment, replacement, removal, modification, alteration, or other improvement of any
public or private infrastructure shall be civilly liable in tort or otherwise for property
damage, personal injury, or death resulting from construction monitoring services that substantially
comply with the professional firm's construction monitoring services requirements for the
awarding authority related to the plans and specifications in determining compliance of the
contractor's work with the plans and specifications. (Act 2013-401, p. 1538, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-711.htm - 1K - Match Info - Similar pages
6-5-712
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 not applicable to the extent that a professional firm
or its employees performing construction monitoring services are also engaged by an awarding
authority to prepare the engineering plans for that project, or are otherwise providing additional
services on that project, and to the extent that a deficiency in such plans or additional
services proximately causes property damage, personal injury, or death to a third party with
whom the professional firm is not in privity of contract. (c) This article does not replace
or supersede existing burdens of proof or defenses in professional liability actions concerning
construction monitoring services. (Act 2013-401, p. 1538, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-712.htm - 1K - Match Info - Similar pages
11-93-1
Section 11-93-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings ascribed to them by this section: (1) GOVERNMENTAL ENTITY. Any incorporated municipality,
any county, and any department, agency, board, or commission of any municipality or county,
municipal or county public corporations, and any such instrumentality or instrumentalities
acting jointly. "Governmental entity" shall also include county public school boards,
municipal public school boards and city-county school boards when such boards do not operate
as functions of the State of Alabama. "Governmental entity" shall also mean county
or city hospital boards when such boards are instrumentalities of the municipality or county
or organized pursuant to authority from a municipality or county. (2) EMPLOYEE. An officer,
official, employee, or servant of a governmental entity, including elected or appointed officials,
and persons acting on behalf of any governmental entity in any official...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-93-1.htm - 2K - Match Info - Similar pages
13A-10-15
Section 13A-10-15 Terrorist threats. (a) A person commits the crime of making a terrorist threat
when he or she credibly, based on an objective evaluation, threatens to commit a crime of
violence against a person or to damage any property by use of a bomb, explosive, weapon of
mass destruction, firearm, deadly weapon, or other mechanism and any of the following: (1)
The threat causes the evacuation of any real property, as defined under this section. (2)
The threat causes the disruption of school, church, or government activity. (3) The threat
is with intent to retaliate against the victim because of his or her involvement or participation
as any of the following: a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative
proceeding. c. A person who provided to a law enforcement officer, adult or juvenile probation
officer, prosecuting attorney, or judge any information relating to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-15.htm - 3K - Match Info - Similar pages
|