6-5-546
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 of care by the defendant actually occurred. If plaintiff alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's death did not result from acts or omissions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-546.htm - 1K - Match Info - Similar pages
13A-8-199
Section 13A-8-199 Civil action for violation of chapter. (a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of this article may bring an action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defendant who committed the criminal violation was ever actually present in that county, against the defendant to recover the following: (1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever is greater. (2) Reasonable attorney's fees and court costs. (b) The statute of limitations for cases under this section shall be seven years from the earlier of the date of discovery of the offense or the date when the offense reasonably should have been discovered. (Act 2001-312, p. 399, §10; Act 2006-148, p. 218, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-199.htm - 1K - Match Info - Similar pages
15-13-63
Section 15-13-63 Arrest of defendant by bail after conditional judgment. After the entry of conditional judgment against any surety on an undertaking of bail, he may arrest the defendant as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff shall not exonerate the surety unless, in the judgment of the court, a good and sufficient excuse is given for the failure of the defendant to appear at the time the conditional judgment was entered. (Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210; Acts 1949, No. 199, p. 230.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-63.htm - 911 bytes - Match Info - Similar pages
6-4-2
Section 6-4-2 Execution - Adjoining county or any part of state. When the summons, subpoena, or other process issues to the sheriff of the county in which the defendant or person against whom the subpoena or other process is directed resides, he may execute it in an adjoining county if such parties are there found, or he may pursue them and execute it in any part of the state. (Code 1852, §2173; Code 1867, §2572; Code 1876, §2936; Code 1886, §2658; Code 1896, §3279; Code 1907, §5315; Code 1923, §9440; Code 1940, T. 7, §342.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-4-2.htm - 869 bytes - Match Info - Similar pages
8-3-13
Section 8-3-13 Surety may require creditor to bring action against principal; discharge of surety upon failure to bring action. (a) A surety upon any contract for the payment of money or for the delivery or payment of personal property may require the creditor or anyone having the beneficial interest in the contract, by notice in writing, to bring an action thereon against the principal debtor or against any cosurety to such contract. (b) If an action is not brought thereon in three months after the receipt of such notice and prosecuted with diligence according to the ordinary course of law, the surety giving such notice is discharged from all liability as surety or his aliquot proportion of the debt, as the case may be. (c) One surety may give the notice in behalf of his cosureties. (d) The remedy secured by this section does not apply to bonds or other contracts with collateral conditions, nor to the bonds of executors, administrators, guardians, or public officers. (Code 1852,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-3-13.htm - 1K - Match Info - Similar pages
8-5-23
Section 8-5-23 Property injury claims against railroads assignable. Claims against railroad companies for injuries to property may be assigned in writing, and each successive assignee thereof may bring an action thereon in his own name. (Code 1876, §2119; Code 1886, §1763; Code 1896, §877; Code 1907, §5159; Code 1923, §9235; Code 1940, T. 39, §204.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-5-23.htm - 682 bytes - Match Info - Similar pages
11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities and other persons or corporations jointly liable. (a) The injured party, if he institutes a civil action against the municipality for damages suffered by him, shall also join such other person or persons or corporation so liable as defendant or defendants of the civil action, and no judgment shall be entered against the city or town unless judgment is entered against such other person or corporation so liable for such injury, except where a summons is returned not found as to a defendant or when judgment is entered in his favor on some personal defense, and if a civil action be brought against the city or town alone and it is made to appear that any person or corporation ought to be joined as a defendant in the action according to the provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends his complaint by making such party or corporation a defendant,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-191.htm - 2K - Match Info - Similar pages
25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No contract of employment, insurance, relief benefit or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee, but, upon the trial of such action against any employer, the defendant may set off therein any sum he has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee or, in case of death, to his personal representative. (Code 1907, §3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-6-4.htm - 1K - Match Info - Similar pages
27-17A-23
Section 27-17A-23 Civil actions; liability. The commissioner, the Attorney General, or any person may bring a civil action against a person or company violating this chapter in the appropriate court of the county in which the alleged violator resides or has his or her or its principal place of business or in the county wherein the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages caused by the violation. The court, as provided by common law, may award punitive damages and may provide equitable relief as it deems proper or necessary, including enjoining the defendant from further violation of this chapter. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-17A-23.htm - 1K - Match Info - Similar pages
6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its orders. (d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies: (1) Assess damages against the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-160.3.htm - 2K - Match Info - Similar pages
|