6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal representative
may commence an action and recover such damages as the jury may assess in a court of competent
jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere,
for the wrongful act, omission, or negligence of any person, persons, or corporation, his
or her or their servants or agents, whereby the death of the testator or intestate was caused,
provided the testator or intestate could have commenced an action for the wrongful act, omission,
or negligence if it had not caused death. (b) The action shall not abate by the death of the
defendant, but may be revived against his or her personal representative and may be maintained
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence. (c) The damages recovered are not subject to the payment of
the debts or liabilities of the testator or...
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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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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b)
All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of
their charges, or any part thereof, shall be begun within two years from the time the cause
of action accrues and not after. (c) For recovery of charges, action shall be begun against
common carriers of property by motor vehicles subject to this article within two years from
the time the cause of action accrues and not after, except as provided in subsection (d) of
this section; provided, that if claim for the overcharge has been presented in writing to
the carrier within the two-year period of limitation, said period shall be extended to include
six months from the time notice in writing is given by the carrier to the claimant...
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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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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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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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6-5-221
Section 6-5-221 Limitation on time for commencement of action. (a) All civil actions in tort,
contract, or otherwise against any architect or engineer performing or furnishing the design,
planning, specifications, testing, supervision, administration, or observation of any construction
of any improvement on or to real property, or against builders who constructed, or performed
or managed the construction of, an improvement on or to real property designed by and constructed
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property...
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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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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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6-5-574
Section 6-5-574 Limitation on time for commencement of legal service liability action. (a)
All legal service liability actions against a legal service provider must be commenced within
two years after the act or omission or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided, further, that in no event may the action be commenced
more than four years after such act or omission or failure; except, that an act or omission
or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event
be barred until the expiration of one year from such date. (b) Subsection (a) of this section
shall be subject to all existing provisions of law relating to the...
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