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9-1-6
Section 9-1-6 Declaration of public policy and legislative intent; measure of damages for the
unauthorized removal of coal; retroactive application of section. (a) The objective of this
section is to specify the measure of damages for the unauthorized removal of coal in Alabama.
It is declared that the extraction of coal provides a major present and future source of energy
and is an essential and necessary activity which contributes to the economic and material
well-being of the state. In the absence of a reasonable measure of damages as specified in
this section, confusion could result in the coal industry causing financial distress and unemployment,
and may cause the abandonment and prevent the use of many coal mines. This state has a public
interest in removing this hazard and precluding this confusion and distress without doing
violence to private rights. (b) The measure of damages in any civil action for the unauthorized
extraction, severance, injury or removal of coal from land,...
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11-92B-14
Section 11-92B-14 Liability for injuries. An authority shall not be liable for damages for
injury done to any person or corporation, unless the injury was done due to the negligence
or wantonness of an agent, officer, or employee of the authority while engaged in work for
the authority and while acting in the line and scope of his or her duty, or unless the injury
was done due to the neglect, carelessness, or failure to remedy a defect in the streets, alleys,
drainage systems, or buildings of the authority after the authority had been given notice
of the defect or after the defect had existed for such an unreasonable length of time as to
raise a presumption of knowledge of the defect on the part of the authority. Whenever an authority
shall be made liable for damages by reason of the unauthorized or wrongful acts or negligence
or carelessness of any person or corporation, then the person or corporation shall be liable
to an action on the same account by the party so injured. (Act...
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37-16-7
Section 37-16-7 Civil action by owner of interest in real property subject to easement; damages;
condemnation; receipt of rights by grant or agreement; motice of installation; liability.
(a) If the owner of an interest in real property subject to an electric easement contends
that the owner's property has been taken, injured, or destroyed by the construction, installation,
use, or enlargement of broadband systems within the electric easement on the owner's property
and the electric easement does not expressly provide for such, the owner may file a civil
action in the circuit court for the county in which the property is located to recover damages
as specified by this section. All such actions must be brought within three years after the
later of: (1) August 1, 2019; or (2) the date broadband systems are first constructed or installed
within the electric easement on the owner's real property. Nothing in this chapter shall revive
any right or remedy which may have become barred by lapse...
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11-47-190
Section 11-47-190 When municipality liable; joint liability of other persons or corporations.
No city or town shall be liable for damages for injury done to or wrong suffered by any person
or corporation, unless such injury or wrong was done or suffered through the neglect, carelessness,
or unskillfulness of some agent, officer, or employee of the municipality engaged in work
therefor and while acting in the line of his or her duty, or unless the said injury or wrong
was done or suffered through the neglect or carelessness or failure to remedy some defect
in the streets, alleys, public ways, or buildings after the same had been called to the attention
of the council or other governing body or after the same had existed for such an unreasonable
length of time as to raise a presumption of knowledge of such defect on the part of the council
or other governing body and whenever the city or town shall be made liable for damages by
reason of the unauthorized or wrongful acts or negligence,...
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7-2-714
Section 7-2-714 Buyer's damages for breach in regard to accepted goods. (1) Where the buyer
has accepted goods and given notification (subsection (3) of Section 7-2-607) he may recover
as damages for any nonconformity of tender the loss resulting in the ordinary course of events
from the seller's breach as determined in any manner which is reasonable. (2) The measure
of damages for breach of warranty is the difference at the time and place of acceptance between
the value of the goods accepted and the value they would have had if they had been as warranted,
unless special circumstances show proximate damages of a different amount, and nothing in
this section shall be construed so as to limit the seller's liability for damages for injury
to the person in the case of consumer goods. Damages in an action for injury to the person
include those damages ordinarily allowable in such actions at law. (3) In a proper case any
incidental and consequential damages under Section 7-2-715 may also be...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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6-5-332.2
Section 6-5-332.2 Immunity of persons responding to oil spills. (a) This section shall be known
and may be cited as the Alabama Act Regarding Liability for Persons Responding to Oil Spills.
(b) For the purposes of this section, the following terms shall have the following meanings:
(1) DAMAGES. Damages of any kind for which liability may exist under the laws of this state
resulting from, arising out of, or related to the discharge, or threatened discharge of oil.
(2) DISCHARGE. Any emission (other than natural seepage), intentional or unintentional, and
includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping. (3) FEDERAL ON-SCENE COORDINATOR. The federal official predesignated by the U.S.
Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses
under subpart D of the National Contingency Plan, or the official designated by the lead agency
to coordinate and direct removal under subpart E, of the...
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22-35-3
Section 22-35-3 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently
to the ground or other support structure (including pipes connected thereto) used to contain
an accumulation of motor fuels, the volume of which (including pipes connected thereto) is
greater than 90 percent above the surface of the ground. The terms "Underground Storage
Tank" and "Aboveground Storage Tank" do not include any: a. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
b. Tank used for storing heating oil for consumptive use on the premises where stored; c.
Septic tank; d. Pipeline facility (including gathering lines) regulated under: 1. The Natural
Gas Pipeline Safety Act of 1968, 2. The Hazardous Liquid Pipeline Safety Act of 1979, and
3....
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22-36-3
Section 22-36-3 Rules and regulations governing underground storage tanks. The department,
acting through the commission, is authorized to promulgate rules and regulations governing
underground storage tanks and is authorized to seek the approval of the United States Environmental
Protection Agency to operate the state underground storage tank program in lieu of the federal
program. In addition to specific authorities provided by this chapter, the department is authorized,
acting through the commission, to adopt any rules or regulations that are mandatory requirements
for approval of the State Underground Storage Tank Regulatory Program by the United States
Environmental Protection Agency. Adoption of rules and regulations governing underground storage
tanks shall not occur prior to adoption by the United States Environmental Protection Agency
of regulations establishing the federal program. (1) The department, acting through the commission,
is authorized to promulgate rules and...
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