|
11-93-1
of a governmental entity, including elected or appointed officials, and persons acting on behalf
of any governmental entity in any official capacity, temporarily or permanently, in the service
of the governmental entity, whether with or without compensation, but the term "employee"
shall not mean a person or other legal entity while acting in the capacity of an independent
contractor under contract to the governmental entity to which this chapter applies in the
event of a claim. (3) BODILY INJURY. Any bodily injury, sickness, disease, or
death sustained by any person or caused by an occurrence. (4) PROPERTY DAMAGE. Injury
or destruction to tangible property caused by an occurrence. (5) CLAIM. Any claim against
a governmental entity, for money damages only, which any person is legally entitled to recover
as damages caused by bodily injury or property damage caused by a negligent or wrongful
act or omission committed by any employee of the governmental entity while acting within the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-93-1.htm - 2K - Match Info - Similar pages
11-98-9
of the administrator and the submitting voice communication provider. General information collected
by the independent third-party auditor shall only be released or published in aggregate amounts
which do not identify or allow identification of numbers of subscribers or revenues attributable
to an individual voice communication provider. Notwithstanding any other provision of the
law, no district, political subdivision, voice communication provider, or its employees, directors,
officers, or agents shall be liable for any damages in a civil action or subject to criminal
prosecution resulting from death, injury, or loss to persons or property incurred by
any person in connection with establishing, developing, implementing, maintaining, operating,
and otherwise providing 911 service in compliance with the requirements established by the
FCC or other state or federal requirement, except in the case of willful or wanton misconduct.
(Act 98-338, p. 584, §2; Act 2012-293, p. 592, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-98-9.htm - 1K - Match Info - Similar pages
19-3B-1013
Section 19-3B-1013 Certification of trust. (a) Instead of furnishing a copy of the trust instrument
to a person other than a beneficiary, the trustee may furnish to the person a certification
of trust containing the following information: (1) that the trust exists and the date the
trust instrument was executed; (2) the identity of the settlor; (3) the identity and address
of the currently acting trustee; (4) the powers of the trustee in a pending transaction or
relevant to the request; (5) the revocability or irrevocability of the trust and the identity
of any person holding a power to revoke the trust; (6) the authority of co-trustees to sign
or otherwise authenticate and whether all or less than all are required in order to exercise
powers of the trustee; (7) the trust's taxpayer identification number; and (8) the name in
which title to trust property may be taken. (b) A certification of trust may be signed or
otherwise authenticated by any trustee. (c) A certification of trust must...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-1013.htm - 2K - Match Info - Similar pages
22-1-16
Section 22-1-16 Prescribing, dispensing, and administering auto-injectable epinephrine; liability;
reports; rulemaking authority. (a) As used in this section, the following words shall have
the following meanings: (1) ADMINISTER. The direct application of an epinephrine auto-injector
to the body of an individual. (2) AUTHORIZED ENTITY. Any entity or organization other than
a K-12 public school subject to Section 16-1-48, in connection with or at which allergens
capable of causing anaphylaxis may be present, including, but not limited to, recreation camps,
colleges and universities, day care facilities, youth sport leagues, amusement parks, restaurants,
places of employment, and sports arenas. (3) EPINEPHRINE AUTO-INJECTOR. A single-use device
used for the automatic injection of a premeasured dose of epinephrine into the human body.
(4) MEDICAL PRACTITIONER. A physician or other individual licensed under Title 34 authorized
to treat, use, or prescribe medicine and drugs for sick and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-1-16.htm - 7K - Match Info - Similar pages
27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-42-5.htm - 5K - Match Info - Similar pages
34-11-2
action for trespass by reason of this entry. (2) Nothing in this subsection shall be construed
as giving authority to a professional land surveyor to destroy, injure, damage, or move anything
on the lands of another without the written permission of the landowner and nothing in this
section shall be construed as removing civil liability for the damages. (3) A professional
land surveyor shall make reasonable effort to notify adjoining landowners upon whose land
it is necessary to enter. (4) No owner or occupant of the land shall be liable for any injury
or damage sustained by any person entering upon his or her land under this subsection. (5)
Nothing in this subsection shall limit the rights of condemning authorities under Sections
18-1A-50 to 18-1A-55, inclusive. (Acts 1961, Ex. Sess., No. 79, p. 1976, §1; Acts 1966, Ex.
Sess., No. 329, p. 462, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997,
No. 97-683, p. 1332, §1; Act 2004-501, p. 954, §1; Act 2018-550, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-11-2.htm - 5K - Match Info - Similar pages
5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-19-19.htm - 7K - Match Info - Similar pages
10A-10-1.19
Section 10A-10-1.19 Liability of trustee. (a) Subject to the provisions of subsection (b),
a trustee of a real estate investment trust is not personally liable for the obligations of
the real estate investment trust. (b) If a trustee otherwise would be liable, the provisions
of this subsection do not relieve the trustee from any liability to the trust or its security
holders for any act that constitutes: (1) Bad faith. (2) Willful misfeasance. (3) Gross negligence.
(4) Reckless disregard of the trustee's duties. (c)(1) Except as provided in subdivision (2),
the declaration of trust of a real estate investment trust may include any provision expanding
or limiting the liability of its trustees and officers to the trust or its shareholders for
money damages. (2) The declaration of trust of a real estate investment trust may not include
any provision that restricts or limits the liability of its trustees or officers to the trust
or its shareholders: a. To the extent that it is proven that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-10-1.19.htm - 2K - Match Info - Similar pages
25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-11.htm - 9K - Match Info - Similar pages
6-5-502
Section 6-5-502 Limitation periods for product liability actions. (a) All product liability
actions against an original seller must be commenced within the following time limits and
not otherwise: (1) Except as specifically provided in subsections (b), (c), and (e) of this
section, within one year of the time the personal injury, death, or property
damage occurs; and (2) Except as specifically provided in subsections (b), (c), and (e) of
this section, each element of a product liability action shall be deemed to accrue at the
time the personal injury, death, or property damage occurs; (b) Where the personal
injury, including personal injury resulting in death, or property damage
(i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence
at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some
toxic or harmful or injury-producing substance, element or particle, including radiation,
over a period of time as opposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-502.htm - 5K - Match Info - Similar pages
|