6-5-530
Section 6-5-530 Liability for damages. (a) In any civil action for personal injury, death,
or property damage caused by a product, regardless of the type of claims alleged or the theory
of liability asserted, the plaintiff must prove, among other elements, that the defendant
designed, manufactured, sold, or leased the particular product the use of which is alleged
to have caused the injury on which the claim is based, and not a similar or equivalent product.
Designers, manufacturers, sellers, or lessors of products not identified as having been used,
ingested, or encountered by an allegedly injured party may not be held liable for any alleged
injury. A person, firm, corporation, association, partnership, or other legal or business
entity whose design is copied or otherwise used by a manufacturer without the designer's express
authorization is not subject to liability for personal injury, death, or property damage caused
by the manufacturer's product, even if use of the design is...
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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...
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10A-8A-3.05
Section 10A-8A-3.05 Partnership liable for partner's actionable conduct. (a) A partnership
is liable for loss or injury caused to a person, or for a penalty incurred, as a result of
a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary
course of business or not for profit activity of the partnership or with authority of the
partnership. (b) If, in the ordinary course of business or not for profit activity of the
partnership's business or not for profit activity, or while acting with authority of the partnership,
a partner receives or causes the partnership to receive money or property of a person not
a partner, and the money or property is misapplied by a partner, the partnership is liable
for the loss. (Act 2018-125, §7.)...
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10A-9A-4.03
Section 10A-9A-4.03 Limited partnership liable for general partner's actionable conduct. (a)
A limited partnership is liable for loss or injury caused to a person, or for a penalty incurred,
as a result of a wrongful act or omission, or other actionable conduct, of a general partner
acting in the ordinary course of activities and affairs of the limited partnership or with
authority of the limited partnership. (b) If, in the course of the limited partnership's activities
and affairs or while acting with authority of the limited partnership, a general partner receives
or causes the limited partnership to receive money or property of a person not a partner,
and the money or property is misapplied by a general partner, the limited partnership is liable
for the loss. (Act 2016-379, §1.)...
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6-3-11
Section 6-3-11 Venue of actions - Against counties or municipalities. The venue for all civil
actions for damages for personal injury, death, or property damage filed against a county
or against a municipality shall be in the county or in the county within which the municipality
is located or in the county in which the act or omission complained of occurred. (Acts 1987,
No. 87-391, p. 560.)...
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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...
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6-5-702
Section 6-5-702 Compliance with contract documents. During the course of construction, a contractor
who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding
authority is not liable to a claimant for personal injury, property damage, or death arising
from the performance of such construction, maintenance, or repair, if, at the time of the
personal injury, property damage, or death, the contractor was in compliance with contract
documents material to the condition, including the traffic control plan, that was the proximate
cause of the personal injury, property damage, or death unless following the plans and specifications
would result in a dangerous condition that should have appeared to be defective to a reasonably
prudent contractor or that the contractor should have known that following the plans and specifications
could create a dangerous condition that caused the injury or death. (Act 2012-225, p. 414,
§3.)...
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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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6-5-701
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.)...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person or damage
to property arising out of an accident, the right of the plaintiff to recover jointly and
severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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