6-5-580
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death, whether
in contract or in tort, against a legal service provider, the plaintiff shall have the burden
of proving that the legal service provider breached the applicable standard of care. The applicable
standard of care shall be as follows: (1) The applicable standard of care against the defendant
legal service provider shall be such reasonable care and skill and diligence as other similarly
situated legal service providers in the same general line of practice in the same general
area ordinarily have and exercise in a like case. (2) However, if the defendant publishes
the fact that he or she is certified as a specialist in an area of the law or if the defendant
legal service provider solicits business by publicly advertising as a specialist in any area
of the law, the standard of care applicable to such legal service provider in a claim for
damages resulting from the practice of such a specialty...
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6-5-214
Section 6-5-214 Action for trespass by person having bare title. The person having title to
lands, if no one is in actual possession under the same title with him, may commence an action
for trespass thereon; and if a tenant is in possession and the trespass is such as injures
the freehold, the owner, a remainderman, or reversioner may maintain trespass. (Code 1907,
§2455; Code 1923, §5661; Code 1940, T. 7, §85.)...
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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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6-5-71
Section 6-5-71 Right of action of wife, child, parent, or other person for injury in consequence
of illegal sale or disposition of liquor or beverages. (a) Every wife, child, parent, or other
person who shall be injured in person, property, or means of support by any intoxicated person
or in consequence of the intoxication of any person shall have a right of action against any
person who shall, by selling, giving, or otherwise disposing of to another, contrary to the
provisions of law, any liquors or beverages, cause the intoxication of such person for all
damages actually sustained, as well as exemplary damages. (b) Upon the death of any party,
the action or right of action will survive to or against his executor or administrator. (c)
The party injured, or his legal representative, may commence a joint or separate action against
the person intoxicated or the person who furnished the liquor, and all such claims shall be
by civil action in any court having jurisdiction thereof. (Acts...
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7-8-315
Section 7-8-315 (Effective Until January 1, 1997) Action against purchaser based upon wrongful
transfer. (1) Any person against whom the transfer of a security is wrongful for any reason,
including his incapacity, may against anyone except a bona fide purchaser reclaim possession
of the security or obtain possession of any new security evidencing all or part of the same
rights or have damages. (2) If the transfer is wrongful because of an unauthorized indorsement,
the owner may also reclaim or obtain possession of the security or new security even from
a bona fide purchaser if the ineffectiveness of the purported indorsement can be asserted
against him under the provisions of this article on unauthorized indorsements (Section 7-8-311).
(3) The right to obtain or reclaim possession of a security may be specifically enforced and
its transfer enjoined and the security impounded pending the litigation. (Acts 1965, No. 549,
p. 811.)...
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13A-3-24
Section 13A-3-24 Use of force by persons with parental, custodial, or special responsibilities.
The use of force upon another person is justified under any of the following circumstances:
(1) A parent, guardian, or other person responsible for the care and supervision of a minor
or an incompetent person, and a teacher or other person responsible for the care and supervision
of a minor for a special purpose, may use reasonable and appropriate physical force upon the
minor or incompetent person when and to the extent that he reasonably believes it necessary
and appropriate to maintain discipline or to promote the welfare of the minor or incompetent
person. (2) A warden or other authorized official of a jail, prison, or correctional institution
may, in order to maintain order and discipline, use whatever physical force is authorized
by law. (3) A person responsible for the maintenance of order in a common or contract carrier
of passengers, or a person acting under his direction, may use...
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18-1A-252
Section 18-1A-252 When agreement may be made; effect on right to commence condemnation action.
An arbitration agreement under this article may be made and carried into effect either before
or after a condemnation action has been commenced. The agreement does not waive or restrict
the right to commence and prosecute a condemnation action, including the taking of possession
before judgment, except to the extent expressly provided in the agreement. (Acts 1985, No.
85-548, p. 802, §1503.)...
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19-3B-604
Section 19-3B-604 Limitation on action contesting validity of revocable trust; distribution
of trust property. (a) A person may commence a judicial proceeding to contest the validity
of all or part of the terms of a trust that was revocable at the settlor's death within the
earlier of: (1) two years after the settlor's death; or (2) six months after the trustee sent
the person a copy of the trust instrument and a notice informing the person of the trust's
existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the
trustee may proceed to distribute the trust property in accordance with the terms of the trust.
The trustee is not subject to liability for doing so unless: (1) the trustee has actual knowledge
of a pending judicial proceeding contesting the validity of all or part of the terms of the
trust; or (2) if, prior to the trustee's actual distribution, a...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a
man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means
a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine
insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and
transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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