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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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6-2-38
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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6-5-410
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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11-30-1
Section 11-30-1 Definitions. For the purpose of this chapter the following terms shall have
the meanings subscribed to them by this section: (1) LIABILITY SELF-INSURANCE FUND. An entity
or entities, to be formed by two or more counties of Alabama for the purpose of pooling resources
and funds to self-insure such counties and/or their officers and employees acting in the line
and scope of their employment against: a. Loss for money damages which any person or other
entity is legally entitled to recover from a member county or its officers and employees for
damages suffered as a result of a claim as defined under this chapter. b. Damage to or loss
of property owned or leased by a member county. (2) MEMBER COUNTY. A county which elects to
pool its resources and funds with one or more other counties for the purpose of forming a
liability self-insurance fund. (3) CLAIM. Any claim or suit filed against a member county
for money damages which any person or other entity is legally entitled to...
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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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11-93-1
Section 11-93-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings ascribed to them by this section: (1) GOVERNMENTAL ENTITY. Any incorporated municipality,
any county, and any department, agency, board, or commission of any municipality or county,
municipal or county public corporations, and any such instrumentality or instrumentalities
acting jointly. "Governmental entity" shall also include county public school boards,
municipal public school boards and city-county school boards when such boards do not operate
as functions of the State of Alabama. "Governmental entity" shall also mean county
or city hospital boards when such boards are instrumentalities of the municipality or county
or organized pursuant to authority from a municipality or county. (2) EMPLOYEE. An officer,
official, employee, or servant of a governmental entity, including elected or appointed officials,
and persons acting on behalf of any governmental entity in any official...
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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means any action brought by a natural person for personal injury, death, or property
damage caused by the manufacture, construction, design, formula, preparation, assembly, installation,
testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product
when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation,
(3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's liability
doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty,
or (6) breach of any oral express warranty and no other. A product liability action does not
include an action for contribution or indemnity. (b) No product liability action may be asserted
or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer,
or seller of a product, or against an individual or business entity...
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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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