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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other
specialized knowledge will assist the trier of fact to understand the evidence or to determine
a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training,
or education, may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence.
In addition to requirements set forth in subsection (a), expert testimony based on a scientific
theory, principle, methodology, or procedure is only admissible if: (1) The testimony is based
on sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the
Alabama Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing
with Section 6-5-540, et seq., or any judicial interpretation...
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34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery
Fund for the purpose of consumer protection, consumer education, and consumer awareness. An
aggrieved homeowner may recover actual economic damages, not including interest and court
costs, sustained within the state as the direct result of conduct of a licensee in violation
of this chapter or the rules of the board from the Homeowners' Recovery Fund. Any payments
from the Homeowners' Recovery Fund shall be subject to the following limitations and conditions:
(1) The Homeowners' Recovery Fund shall make payments only to homeowners who file a complaint
with the board pursuant to the requirements of subsection (b) of Section 34-14A-8.
(2) The Homeowners' Recovery Fund shall not make payments based on consent judgments. (3)
Failure of the homeowner to follow any provisions of this chapter shall preclude payment from
the Homeowners' Recovery Fund. (b) The board, by rule, shall determine the maximum amount
of...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is
designed and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the
county where the governmental body's primary office is located by any media organization,
any Alabama citizen impacted by the alleged violation to an extent which is greater than the
impact on the pubic at large, the Attorney General, or the district attorney for the circuit
in which the governmental body is located; provided, however, that no member of a governmental
body may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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41-10-275
Section 41-10-275 Terms and conditions of leasing by authority. The authority, as lessor,
and the Unified Judicial System, as lessee (acting by and through the Chief Justice or his
designee) are hereby authorized to enter into a lease or leases for the use and occupancy
of the judicial facilities constructed by the authority under the provisions of this article
by the Unified Judicial System, including the Supreme Court, the Court of Criminal Appeals,
the Court of Civil Appeals, the State Law Library and the Administrative Office of Courts.
Such lease or leases may commence, at the discretion of the authority and the lessee, at such
time as the judicial facilities are completed and available for occupancy or at such time
as the site for such judicial facilities is made available for construction of the judicial
facilities. The responsibilities for control, management and maintenance of the judicial facilities
shall be, and any lease entered by the authority, as lessor, shall provide...
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13A-7-22
Section 13A-7-22 Criminal mischief in the second degree. (a) A person commits the crime
of criminal mischief in the second degree if, with intent to damage property, and having no
right to do so or any reasonable ground to believe that he or she has such a right, he or
she inflicts damages to property in an amount which exceeds five hundred dollars ($500) but
does not exceed two thousand five hundred dollars ($2,500). (b)(1) Criminal mischief in the
second degree is a Class A misdemeanor punishable as provided by law. (2) Upon a second conviction
of criminal mischief in the second degree within a five-year period involving damage to a
church or other religious building, or damage to property in a church or other religious building,
the defendant shall be sentenced to a mandatory minimum sentence of not less than 10 days
in jail and upon a third or subsequent conviction of criminal mischief in the second degree
within a five-year period involving damage to a church or other religious...
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25-5-77
Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation,
medicine, etc.; medical examinations; review by ombudsman of medical services. (a) In addition
to the compensation provided in this article and Article 4 of this chapter, the employer,
where applicable, shall pay the actual cost of the repair, refitting, or replacement of artificial
members damaged as the result of an accident arising out of and in the course of employment,
and the employer, except as otherwise provided in this amendatory act, shall pay an amount
not to exceed the prevailing rate or maximum schedule of fees as established herein of reasonably
necessary medical and surgical treatment and attention, physical rehabilitation, medicine,
medical and surgical supplies, crutches, artificial members, and other apparatus as the result
of an accident arising out of and in the course of the employment, as may be obtained by the
injured employee or, in case of death, obtained during the period...
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25-5-86
Section 25-5-86 Remedy for default upon periodic compensation payments; exemption of
compensation claims, etc., from garnishment, etc. For purposes of this article and Article
4 of this chapter: (1) If the award, order, or settlement agreement is payable in installments
and default has been made in the payment of an installment, the owner or interested party
may, upon the expiration of 30 days from the default and upon five days' notice to the defaulting
employer or defendant, move for a modification of the award or settlement agreement by ascertaining
the present value of the case, including the 15 percent penalty provision of Section
25-5-59, under the rule of computation contained in Section 25-5-85, and upon which
execution may issue. The defaulting employer may relieve itself of the execution by entering
into a good and sufficient bond, to be approved by the judge, securing the payment of all
future installments, and forthwith paying all past due installments with interest and...
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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...
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39-1-1
Section 39-1-1 Bonds required of persons contracting for public works; commencement,
etc., of actions upon bond by persons supplying labor, etc., to contractor; offer to accept
judgment; notice of completion of project by contractor and final settlement; applicability.
(a) Any person entering into a contract with an awarding authority in this state for the prosecution
of any public works shall, before commencing the work, execute a performance bond, with penalty
equal to 100 percent of the amount of the contract price. In addition, another bond, payable
to the awarding authority letting the contract, shall be executed in an amount not less than
50 percent of the contract price, with the obligation that the contractor or contractors shall
promptly make payments to all persons supplying labor, materials, or supplies for or in the
prosecution of the work provided in the contract and for the payment of reasonable attorneys'
fees incurred by successful claimants or plaintiffs in civil...
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