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18-1A-233
Section 18-1A-233 Restitution of property and damages. If the action is dismissed for any reason,
and the defendant has vacated the property under an order of possession or in reasonable contemplation
of its taking by the plaintiff, the circuit court, upon demand of the defendant, shall order
the plaintiff to (1) deliver possession of the property to the defendant or other person entitled
thereto, and (2) pay damages to the defendant as justice requires, including damages for any
injury to or impairment of the value of the property not within the reasonable control of
the defendant. (Acts 1985, No. 85-548, p. 802, §1304.)...
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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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6-5-774
Section 6-5-774 Remedies. A plaintiff, who establishes by a preponderance of the evidence that
his or her right of publicity has been violated, shall be eligible to receive the following
damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory
damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages,
including the defendant's profits derived from such use. The plaintiff, within a reasonable
time after the close of discovery, shall elect whether to claim statutory damages or to instead
receive such monetary relief as the fact finder may independently determine to award in accordance
with this section. b. Any other damages available under Alabama law, including punitive damages.
An election of statutory damages does not preclude the recovery of punitive damages if such
damages are available under Alabama law. (2) Injunctive relief. A violation of this article
is deemed to constitute a rebuttable presumption of...
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7-2A-503
Section 7-2A-503 Modification or impairment of rights and remedies. (1) Except as otherwise
provided in this article, the lease agreement may include rights and remedies for default
in addition to or in substitution for those provided in this article and may limit or alter
the measure of damages recoverable under this article. (2) Resort to a remedy provided under
this article or in the lease agreement is optional unless the remedy is expressly agreed to
be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential
purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided
in this article. (3) Consequential damages may be liquidated under Section 7-2A-504, or may
otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury
to the person in the case of consumer goods is prima facie unconscionable but...
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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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6-5-579
Section 6-5-579 Severability of underlying action and available defenses. (a) If the liability
to damages of a legal services provider is dependent in whole or in part upon the resolution
of a underlying action, the outcome of which is either in doubt or could have been affected
by the alleged breach of the legal services provider standards of care, then, in that event,
the court shall upon the motion of the legal services provider, order the severance of the
underlying action for separate trial. (b) In defense of the underlying action, the legal services
provider may assert any and all substantive and procedural defense, restriction, limitation,
or immunity which could have the effect of limiting, mitigating, reducing, or avoiding liability
or damages. (Acts 1988, No. 88-262, p. 406, §10.)...
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7-2-719
Section 7-2-719 Contractual modification or limitation of remedy. (1) Subject to the provisions
of subsections (2) and (3) of this section and of Section 7-2-718 on liquidation and limitation
of damages: (a) The agreement may provide for remedies in addition to or in substitution for
those provided in this article and may limit or alter the measure of damages recoverable under
this article, as by limiting the buyer's remedies to return of the goods and repayment of
the price or to repair and replacement of nonconforming goods or parts; and (b) Resort to
a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in
which case it is the sole remedy. (2) Where circumstances cause an exclusive or limited remedy
to fail of its essential purpose, remedy may be had as provided in this title. (3) Consequential
damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation
of consequential damages for injury to the person in the...
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6-5-549
Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of
evidence abolished; instruction to jury. 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 minimum standard of proof required to test the sufficiency of the evidence to
support any issue of fact shall be proof by substantial evidence. In all such actions, whether
arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings
or motions filed in such actions testing the sufficiency of the evidence to support an issue
of fact, including, but not limited to, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings
respecting the sufficiency of the evidence, the standard of proof required shall be proof
by substantial evidence. In the case of a jury trial, the jury...
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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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37-1-155
Section 37-1-155 Action on bond. Any person, firm, company or corporation, who shall sustain
any loss, injury or damage by reason of such injunction or restraining order, may bring a
civil action on the bond in the name of the State of Alabama for its use and recover such
damages as it may have sustained, including any overcharge or excess rate or charge paid by
it on account of the suspension of said rates, charges or orders. (Code 1907, §5704; Code
1923, §9696; Code 1940, T. 48, §99.)...
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