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6-5-530
Section 6-5-530 Liability for damages. (a) In any civil action for personal injury, death,
or property damage caused by a product, regardless of the type of claims alleged or the theory
of liability asserted, the plaintiff must prove, among other elements, that the defendant
designed, manufactured, sold, or leased the particular product the use of which is alleged
to have caused the injury on which the claim is based, and not a similar or equivalent product.
Designers, manufacturers, sellers, or lessors of products not identified as having been used,
ingested, or encountered by an allegedly injured party may not be held liable for any alleged
injury. A person, firm, corporation, association, partnership, or other legal or business
entity whose design is copied or otherwise used by a manufacturer without the designer's express
authorization is not subject to liability for personal injury, death, or property damage caused
by the manufacturer's product, even if use of the design is...
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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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25-6-3
Section 25-6-3 Maintenance of action by personal representative; disposition of damages recovered.
If such injury results in the death of the servant or employee, his personal representative
is entitled to maintain an action therefor in a court of competent jurisdiction, and the damages
recovered are not subject to the payment of debts or liabilities but shall be distributed
according to the statute of descent and distributions. (Code 1886, §2591; Code 1896, §1751;
Code 1907, §3912; Acts 1911, No. 454, p. 483; Code 1923, §7600; Code 1940, T. 26, §328.)...
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33-5-100
Section 33-5-100 Unauthorized alteration or removal of identification number or registration
information; forfeiture. (a) As used in this section, the following words have the following
meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT PART.
The term includes any part of a vessel or outboard motor that has an identifying number stamped,
molded, engraved, cast, or placed on it by the manufacturer or any part that can be identified
by other means as being a part of a particular vessel or outboard motor. (3) IDENTIFICATION
NUMBER. The term includes an identifying number, engine number, outboard motor number, or
other distinguishing number or mark placed on a vessel, outboard motor, vessel trailer, or
the engine, transmission, or other component part of a vessel, by its manufacturer or by authority
of the Department of Conservation and Natural Resources or in accordance with the laws of
another state or country. (4) REMOVE. The term includes deface,...
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37-1-135
Section 37-1-135 Action on bond for damages resulting from suspension of rates or orders. Any
person, firm, company, or corporation who shall sustain any loss, injury or damage by reason
of the suspension of the rates or orders, or any of them, as aforesaid, may bring a civil
action on the bonds in the name of the State of Alabama, for his use, and recover such damages
as he may have so sustained, including any overcharge or excess rate or charge paid by him,
on account of the suspension of the rates, charges, or orders. A copy of the bond, duly certified
by the secretary or chief clerk or any member of the Public Service Commission under the seal
of the commission, shall be received in evidence without further proof. (Code 1907, §5697;
Code 1923, §9689; Code 1940, T. 48, §93.)...
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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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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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6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care
provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil action for injury or damages whether in
contract or in tort against a health care provider based on a breach of the standard of care
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
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6-5-601
Section 6-5-601 Right of action for diversion or unauthorized use of utility services. Any
person who knowingly: (1) Connects any tube, pipe, wire, or other instrument with any meter,
device, or other instrument used for conducting utility services in such a manner as to permit
the use of said utility services without the same passing through a meter or other instrument
recording the usage for billing; (2) Alters, injures, turns on, or prevents the action of
a meter, valve, stopcock, or other instrument used for measuring quantities of utility services;
(3) Breaks, defaces, or causes to be broken or defaced any seal, locking device, or other
parts that make up a metering device for recording usage of utility services or a security
system for said recording device; (4) Removes a metering device for measuring quantities of
utility services; (5) Transfers from one location to another a metering device for measuring
usage of utility services; (6) Uses a metering device belonging to the...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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