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35-9A-163
Section 35-9A-163 Prohibited provisions in rental agreements. (a) A rental agreement may not
provide that the tenant: (1) agrees to waive or forego rights or remedies established under
Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established
by this chapter or under the law of unlawful detainer; (2) authorizes any person to confess
judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's
attorney's fees or cost of collection; or (4) agrees to the exculpation or limitation of any
liability of the landlord arising under law or to indemnify the landlord for that liability
or the costs connected therewith. (b) A provision prohibited by subsection (a) included in
a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental
agreement containing provisions known by the landlord to be prohibited, the tenant may recover
in addition to actual damages an amount up to one month's periodic rent and...
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35-9A-203
Section 35-9A-203 Landlord to deliver possession of dwelling unit. At the commencement of the
term, a landlord shall deliver possession of the premises to the tenant in compliance with
the rental agreement and Section 35-9A-204. The landlord may bring an action for possession
against any person wrongfully in possession and may recover the damages provided in Section
35-9A-441(c). (Act 2006-316, p. 668, ยง1.)...
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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...
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6-5-60
Section 6-5-60 By whom and against whom action may be commenced; venue. (a) Any person, firm,
or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect,
direct or indirect, may, in each instance of such injury or damage, recover the sum of $500
and all actual damages from any person, firm, or corporation creating, operating, aiding,
or abetting such trust, combine, or monopoly and may commence the action therefor against
any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers,
or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted
to final judgment against any one or more of the defendants thereto, notwithstanding there
may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.
(b) Actions under this section may be commenced in any county where the trust, combine, or
monopoly was formed or where it exists or is carried on, promoted,...
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8-21A-5
Section 8-21A-5 Supplier's duties to dealers - Provision of repair parts; return of surplus
parts. (a) Every supplier shall provide for the availability of repair parts throughout the
reasonable useful life of any equipment sold by the supplier or dealer. (b) Every supplier
shall give written notice to and provide to its dealers, on at least an annual basis, an opportunity
to return a portion of dealer's surplus parts inventory for credit. This surplus procedure
shall be administered as follows: (1) The supplier must notify its equipment dealers of a
time period, in no event less than 90 days' duration, during which time equipment dealers
may submit their surplus parts lists and return their surplus parts to the supplier. (2) Pursuant
to this subdivision, a supplier must allow surplus parts return authority on a dollar value
of parts equal to 10 percent of the total dollar value of parts purchased on stock order by
the dealer from the supplier during the twelve month period immediately...
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8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
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9-17-19
Section 9-17-19 Civil actions for damages for violations of provisions of article, rules, etc.;
actions by private parties to enjoin violations of provisions of article, rules, etc. (a)
Nothing contained or authorized in this article and no civil action by or against the board
and no penalties imposed or claimed against any person for violating any provision of this
article or any rule, regulation or order issued under this article and no forfeiture shall
impair or abridge or delay any cause of action for damages which any person may have or assert
against any person violating any provision of this article or any rule, regulation or order
issued under this article. Any person so damaged by the violation may institute a civil action
for and recover such damages as he may show that he is entitled to receive. (b) In the event
the board should fail to bring a civil action to enjoin any actual or threatened violation
of any provision of this article or of any rule, regulation or order made...
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6-5-551
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In
any action for injury, damages, or wrongful death, whether in contract or in tort, against
a health care provider for breach of the standard of care, whether resulting from acts or
omissions in providing health care, or the hiring, training, supervision, retention, or termination
of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery
and all aspects of the action. The plaintiff shall include in the complaint filed in the action
a detailed specification and factual description of each act and omission alleged by plaintiff
to render the health care provider liable to plaintiff and shall include when feasible and
ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his
complaint timely upon ascertainment of new or different acts or omissions upon which his claim
is based; provided, however, that any such amendment must be made at...
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22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-6.htm - 2K - Match Info - Similar pages
6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care provider
based on a breach of the standard of care the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
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