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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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6-5-72
Section 6-5-72 Liability of person for injury to third party in consequence of selling or furnishing
controlled substance to minor. (a) A person who unlawfully sells, furnishes, or gives a controlled
substance as defined in Section 20-2-2 to a minor may be liable for injury or damage or both
suffered by a third person caused by or resulting from the use of the controlled substance
by the minor, if the sale, furnishing, or giving of the controlled substance is the proximate
cause of the injury or damage. (b) A third person who is injured or damaged or both, under
subsection (a) shall have a cause of action against the person selling, furnishing, or giving
the controlled substance to the minor. (c) Conviction under any criminal law relating to the
unlawful sale, furnishing, or giving of a controlled substance shall conclusively establish
an unlawful sale, furnishing, or giving of a controlled substance under this section. (d)
Upon the death of a party, the cause of action or right to 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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6-5-708
Section 6-5-708 Accrual of action. This article shall only apply to a cause of action which
accrues after April 24, 2012. Pursuant to this article, a cause of action accrues at the time
of property damage or the occurrence of the personal injury or death that is made the basis
of the civil action. (Act 2012-225, p. 414, §10.)...
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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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8-21B-13
Section 8-21B-13 Remedies. Notwithstanding the terms, provisions, or conditions of any dealer
agreement, any person who suffers bodily injury, loss of profit, or property damage as a result
of a violation of this chapter may bring a civil action in a court of competent jurisdiction
in this state to enjoin further violations and to recover the damages sustained by him or
her together with the costs of the suit, including a reasonable attorney's fee. The remedies
set forth in this section shall not be deemed exclusive and shall be in addition to any other
remedies permitted by law. (Act 2009-755, p. 2279, §13.)...
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27-5-6
Section 27-5-6 "Casualty insurance" defined. (a) "Casualty insurance" includes:
(1) VEHICLE INSURANCE. Insurance against loss of, or damage to, any land vehicle or aircraft,
or any draft or riding animal or to property while contained therein or thereon or being loaded
or unloaded therein or therefrom from any hazard or cause and against any loss, liability,
or expense resulting from, or incidental to, ownership, maintenance or use of any such vehicle,
aircraft or animal, together with insurance against accidental death or accidental injury
to individuals, including the named insured, while in, entering, alighting from, adjusting,
repairing, cranking or caused by being struck by a vehicle, aircraft or draft or riding animal,
if such insurance is issued as an incidental part of insurance on the vehicle, aircraft or
draft or riding animal; (2) LIABILITY INSURANCE. Insurance against legal liability for the
death, injury or disability of any human being or for damage to property, and...
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3-6-1
Section 3-6-1 Liability of owner of dog for injuries to person bitten or injured while upon
property owned or controlled by owner, etc. If any dog shall, without provocation, bite or
injure any person who is at the time at a place where he or she has a legal right to be, the
owner of such dog shall be liable in damages to the person so bitten or injured, but such
liability shall arise only when the person so bitten or injured is upon property owned or
controlled by the owner of such dog at the time such bite or injury occurs or when such person
has been immediately prior to such time on such property and has been pursued therefrom by
such dog. (Acts 1953, No. 320, p. 379, §1.)...
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35-15-28
Section 35-15-28 Owner must establish public use. (a) The liability limitation protection of
this article may be asserted only by an owner who can reasonably establish that the outdoor
recreational land was open for non-commercial use to the general public at the time of the
injury to a person using such land for any public recreational purpose. Any owner may create
a rebuttable presumption of having opened land for non-commercial public recreational use
by: (1) Posting signs around the boundaries and at the entrance(s) of such land; or (2) Publishing
a notice in a newspaper of general circulation in the locality in which the outdoor recreational
land is situated, and describing such land; or (3) Recording a notice in the public records
of any county in which any part of the outdoor recreational land is situated, and describing
such land; or (4) Any act similar to subdivisions (1), (2), or (3) of subsection (a), which
is designed to put the public on notice that such outdoor...
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