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6-5-391
Section 6-5-391 Wrongful death of minor. (a) When the death of a minor child is caused by the
wrongful act, omission, or negligence of any person, persons, or corporation, or the servants
or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the
father and mother are both dead or if they decline to commence the action, or fail to do so,
within six months from the death of the minor, the personal representative of the minor
may commence an action. (b) An action under subsection (a) for the wrongful death of the minor
shall be a bar to another action either under this section or under Section 6-5-410. (c) Any
damages recovered in an action under this section shall be distributed according to the laws
of intestate succession, Article 3 (commencing with Section 43-8-40) of Chapter 8 of Title
43. (Code 1876, §2899; Code 1886, §2588; Code 1896, §26; Code 1907, §2485; Code 1923,
§5695; Code 1940, T. 7, §119; Acts 1995, No. 95-774, p. 1834, §1.)...
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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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6-5-70
Section 6-5-70 Furnishing liquor to minors. Either parent of a minor, guardian, or a person
standing in loco parentis to the minor having neither father nor mother shall have a right
of action against any person who unlawfully sells or furnishes spirituous liquors to such
minor and may recover such damages as the jury may assess, provided the person selling or
furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge
of such minority. Only one action may be commenced for each offense under this section. (Code
1907, §2467; Code 1923, §5673; Code 1940, T. 7, §120.)...
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6-2-38
shall, for the purpose of subsections (b) through (f) of this section, be deemed to accrue
upon delivery or tender of delivery thereof by the carrier and not after. (f) The term "overcharges"
as used in subsections (b) through (e) of this section shall mean charges for transportation
services in excess of those applicable thereto under the tariffs lawfully on file with the
Public Service Commission. (g) Any action brought under Section 25-5-11(b) must be brought
within two years of such injury or death. (h) All actions for malicious prosecution
must be brought within two years. (i) All actions for seduction must be brought within two
years. (j) All actions qui tam or for a penalty given by statute to the party aggrieved, unless
the statute imposing it prescribes a different limitation, must be brought within two years.
(k) All actions of libel or slander must be brought within two years. (l) All actions for
any injury to the person or rights of another not arising from contract...
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35-5A-19
Section 35-5A-19 Renunciation, resignation, death or removal of custodian; designation of successor
custodian. (a) A person nominated under section 35-5A-4 or designated under section 35-5A-10
as custodian may decline to serve by delivering a valid disclaimer to the person who made
the nomination or to the transferor or the transferor's legal representative or by effecting
a valid disclaimer in the manner that interests in property may be disclaimed under the Alabama
Uniform Disclaimer of Property Interests Act. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and eligible to serve was nominated under
section 35-5A-4, the person who made the nomination may nominate a substitute custodian under
section 35-5A-4; otherwise the transferor or the transferor's legal representative shall designate
a substitute custodian at the time of the transfer, in either case from among the persons
eligible to serve as custodian for that kind of property...
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6-5-753
Section 6-5-753 Commencement of action. (a) All actions against a manufacturer in tort, contract,
or otherwise for death or injury to person or damage to property arising out of an
accident shall be commenced within two years next after a cause of action accrues, and not
thereafter. Causes of action for wrongful death accrue upon the death of the testator or intestate.
(b) Notwithstanding subsection (a), and except as provided in subsections (c) and (d), no
action for death or injury to a person or damage to property arising out of an accident
may be brought against a manufacturer if any of the following circumstances apply: (1) The
accident occurred after the applicable repose period beginning on either: a. The date of delivery
of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer.
b. The date of first delivery of the aircraft to a person engaged in the business of selling
or leasing such aircraft. (2) The accident occurred with respect to any...
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6-11-20
creating any claim for punitive damages which is not now present under the law of the State
of Alabama. (b) As used in this article, the following definitions shall apply: (1) FRAUD.
An intentional misrepresentation, deceit, or concealment of a material fact the concealing
party had a duty to disclose, which was gross, oppressive, or malicious and committed with
the intention on the part of the defendant of thereby depriving a person or entity of property
or legal rights or otherwise causing injury. (2) MALICE. The intentional doing of a
wrongful act without just cause or excuse, either: a. With an intent to injure the person
or property of another person or entity, or b. Under such circumstances that the law will
imply an evil intent. (3) WANTONNESS. Conduct which is carried on with a reckless or conscious
disregard of the rights or safety of others. (4) CLEAR AND CONVINCING EVIDENCE. Evidence that,
when weighed against evidence in opposition, will produce in the mind of the trier of...
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43-8-115
Section 43-8-115 Discharge of debtor from liability for wages, etc., owed intestate former
employee of another; status of funds paid under this section. (a) Whenever an employee of
another shall die intestate and there shall be due him or her any sum as wages or salary the
debtor may discharge himself or herself from liability therefor by paying such amount to the
surviving spouse of the deceased employee or, if there is no surviving spouse to the person
having the legal custody and control of his or her minor child or children, or either as the
case may be, who may commence an action for and recover the same as part of the property or
allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered
as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven
thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance,
as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No....
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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal,
owned by a decedent at the time of his death does not exceed in amount and value the exemption
allowed in favor of his or her surviving spouse and minor child or children, or either, and
no administration is granted on his estate within 60 days after his death, the probate court
of the county in which he resided at the time of his death, upon the application of the surviving
spouse or, if there is no surviving spouse or he or she does not act, upon the application
of a suitable person who shall be appointed by the judge of probate as the next friend of
such minor child or children, verified by oath and setting forth such facts, as well as the
names, condition, and residence, if known, of the heirs of the decedent other than the minor
children of the decedent, must appoint two commissioners, who shall...
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