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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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7-2-725
Section 7-2-725 Statute of limitations in contracts for sale. (1) An action for breach of any
contract for sale must be commenced within four years after the cause of action has accrued.
By the original agreement the parties may reduce the period of limitation to not less than
one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless
of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when
tender of delivery is made, except that where a warranty explicitly extends to future performance
of the goods and discovery of the breach must await the time of such performance the cause
of action accrues when the breach is or should have been discovered; however, a cause of action
for damages for injury to the person in the case of consumer goods shall accrue when the injury
occurs. (3) Where an action commenced within the time limited by subsection (1) is so terminated
as to leave available a remedy by another action for the...
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9-11-264
Section 9-11-264 Liability for injury or damage to persons or domestic animals of persons using
traps, etc., to take, capture, etc., fur-bearing animals; exemption of Lawrence County. Any
person shall be strictly liable for civil damages who causes the injury or damage to any person
or domestic animal as a result of using any trap or similar device on public land to take,
capture, or kill any of the fur-bearing animals protected by the laws or regulations of this
state. Any person who suffers injury or damage to his person or domestic animal as a result
of such activity shall have an action for civil damages and such aggrieved person need not
prove negligence. The provisions of this section shall not apply to Lawrence County. (Acts
1977, No. 801, p. 1381, §2; Acts 1979, No. 79-123, p. 154, §1; Act 2015-485, §1.)...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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25-5-1
Section 25-5-1 Definitions. Throughout this chapter, the following words and phrases as used
therein shall be considered to have the following meanings, respectively, unless the context
shall clearly indicate a different meaning in the connection used: (1) COMPENSATION. The money
benefits to be paid on account of injury or death, as provided in Articles 3 and 4. The recovery
which an employee may receive by action at law under Article 2 of this chapter is termed "recovery
of civil damages," as provided for in Sections 25-5-31 and 25-5-34. "Compensation"
does not include medical and surgical treatment and attention, medicine, medical and surgical
supplies, and crutches and apparatus furnished an employee on account of an injury. (2) CHILD
or CHILDREN. The terms include posthumous children and all other children entitled by law
to inherit as children of the deceased; stepchildren who were members of the family of the
deceased, at the time of the accident, and were dependent upon him or...
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25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No
contract of employment, insurance, relief benefit or indemnity for injury or death entered
into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit
or indemnity by the person entitled thereto shall constitute any bar or defense to any action
brought to recover damages for personal injuries to or death of such employee, but, upon the
trial of such action against any employer, the defendant may set off therein any sum he has
contributed toward any such insurance, relief benefit, or indemnity that may have been paid
to the injured employee or, in case of death, to his personal representative. (Code 1907,
§3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
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41-9-961
Section 41-9-961 Insurance; civil actions; liability. (a) The commission may provide insurance
covering loss or damage to its properties or any properties of others in its custody, care,
or control, or any properties as to which it has any insurable interest caused by fire or
other casualty and may likewise provide insurance for the payment of damages on account of
the injury to or death of persons and the loss of or destruction of properties of others,
and may pay the premiums out of the revenues of the commission. Nothing in this section shall
be construed to authorize or permit the institution of any civil action or proceeding in any
court against the commission for or on account of any matter referred to in this section;
provided, any contracts of insurance authorized by this section may, in the discretion of
the chair of the commission, provide for a direct right of action against the insurance carrier
for the enforcement of any claims or causes of action. (b) The liability under...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in
a tort action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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7-2A-506
Section 7-2A-506 Statute of limitations. (1) An action for default under a lease contract,
including breach of warranty or indemnity, must be commenced within 4 years after the cause
of action accrued. By the original lease contract the parties may reduce the period of limitation
to not less than one year. (2) A cause of action for default accrues when the act or omission
on which the default or breach of warranty is based is or should have been discovered by the
aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity
accrues (a) in the case of an indemnity against liability, when the act or omission on which
the claim for indemnity is based is or should have been discovered by the indemnified party,
or when the default occurs, whichever is later, (b) in the case of an indemnity against loss
or damage, when the person indemnified makes payment thereof. A cause of action for damages
for injury to the person in the case of consumer goods accrues...
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9-17-32
Section 9-17-32 Penalty for violations of provisions of article, rules, etc.; penalty applicable
to each prohibited transaction relating to illegal oil, gas, or product; penalty for aiding
or abetting violations of provisions of article, rules, etc.; payment of fine not to abridge
private causes of action for damages for violations of rules, etc. (a) Any person who knowingly
and willfully violates any provision of this article, or any rule, regulation or order of
the board made under this article shall, in the event a penalty for such violation is not
otherwise provided for in this article, be subject to a fine not to exceed $10,000.00 a day
for each and every day of such violation and for each and every act of violation, such fine
to be recovered by a civil action in the circuit court of the county where the defendant resides,
or in the county of the residence of any defendant if there is more than one defendant, or
in the circuit court of the county where the violation took place....
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