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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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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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11-65-45.1
Section 11-65-45.1 Limitation of personal liability of commission members and officers. An
individual member of a commission or any officer, employee, or agent thereof shall not in
any way be personally liable for any liability, loss, damage or expense suffered by any person
as the result of any action taken by such commission, unless such liability, loss, damage,
or expense arises out of or results from the willful misconduct or wrongdoing of such member,
officer, employee or agent. (Acts 1991, No. 91-187, p. 246, §40.)...
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27-23-1
Section 27-23-1 When insurer's liability absolute. As to every contract of insurance made between
an insurer and any insured by which such insured is insured against loss or damage on account
of the bodily injury or death by accident of any person for which loss or damage such insured
is responsible, whenever a loss occurs on account of a casualty covered by such contract of
insurance, the liability of the insurer shall become absolute and the payment of the loss
shall not depend upon the satisfaction by the insured of a final judgment against him for
loss, or damage, or death occasioned by the casualty. No such contract of insurance shall
be cancelled or annulled by any agreement between the insurer and the insured after the insured
has become responsible for such loss or damage, and any such cancellation or annulment shall
be void. (Code 1940, T. 28, §11; Acts 1971, No. 407, p. 707, §484.)...
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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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6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury or damage
was caused in whole or in part by the legal service provider's violation of the standard of
care applicable to a legal service provider. A legal service liability action embraces all
claims for injuries or damages or wrongful death whether in contract or in tort and whether
based on an intentional or unintentional act or omission. A legal services liability action
embraces any form of action in which a litigant may seek legal redress for a wrong or an injury
and every legal theory of recovery, whether common law or statutory, available to a litigant
in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone
licensed to practice law by the State of Alabama or engaged in the...
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45-2-162
Section 45-2-162 Duties and liability of revenue commissioner, judge of probate, and sheriff.
(a) The Baldwin County Revenue Commissioner, Judge of Probate of Baldwin County, and Sheriff
of Baldwin County shall not be assessed any monetary loss, not to exceed five thousand dollars
($5,000) per year, arising or caused by error if the mistake or omission was made in good
faith or was caused without the personal knowledge of the officer, including loss arising
from acceptance of worthless or forged checks, drafts, money orders, or other written orders
for money or its equivalent. (b) It shall be the duty of the revenue commissioner, judge of
probate, and sheriff to insure that the employees of the respective offices exercise due care
in performing their required duties and make a diligent effort to correct the error, mistake,
or omission. The respective officers shall make a good faith effort to collect the amount
subject to potential loss immediately upon becoming aware of the potential...
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10A-9A-6.06
Section 10A-9A-6.06 Power to bind and liability to limited partnership before dissolution of
partnership of person dissociated as general partner. (a) After a person is dissociated as
a general partner and before the limited partnership is dissolved, converted under Article
10 of this chapter or under Article 8 of Chapter 1, or merged out of existence under Article
10 of this chapter or Article 8 of Chapter 1, the limited partnership is bound by an act of
the person only if: (1) the act would have bound the limited partnership under Section 10A-9A-4.02
before the dissociation; and (2) at the time the other party enters into the transaction the
other party does not have notice of the dissociation and reasonably believes that the person
is a general partner. (b) If a limited partnership is bound under subsection (a), the person
dissociated as a general partner which caused the limited partnership to be bound is liable:
(1) to the limited partnership for any damage caused to the limited...
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11-50-102
Section 11-50-102 Liability of municipal officials to bondholders for diversion, misappropriation,
etc., of funds for payment of bonds. The official charged with the duty of collecting assessments
shall be liable on his official bond to any holder of the bonds authorized to be issued under
this division for any loss or injury to such bondholder caused by the diversion by said officer
of any funds or part thereof to the payment of any bonds or coupons or indebtedness of the
city or town other than the bonds and interest coupons entitled and indebtedness authorized
by this division to be paid out of said fund or by the use or misappropriation by said officer
of any part of the funds out of which said bonds are required and contemplated in this division
to be paid for any other purpose than provided for in this division or for the benefit of
the city or town or others. All members of the governing body or bodies of the city or town
who shall, by their vote or in any other manner, cause,...
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32-7-7
Section 32-7-7 Further exceptions to requirement of security. The requirements as to security
and suspension in Section 32-7-6 shall not apply to any of the following persons: (1) The
operator or the owner of a motor vehicle involved in an accident wherein no injury or damage
was caused to the person or property of anyone other than the operator or owner. (2) The operator
or the owner of a motor vehicle legally parked at the time of the accident. (3) The owner
of a motor vehicle if at the time of the accident the vehicle was being operated without the
permission of the owner, express or implied, or was parked by a person who had been operating
the motor vehicle without the permission. (4) If, prior to the date that the director would
otherwise suspend license and registration or nonresident's operating privilege under Section
32-7-6, there shall be filed with the director evidence satisfactory to him or her that the
person who would otherwise have to file security has been released...
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