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6-5-753
Section 6-5-753 Commencement of action. (a) All actions against a manufacturer in tort, contract,
or otherwise for death or injury to person or damage to property arising out of an accident
shall be commenced within two years next after a cause of action accrues, and not thereafter.
Causes of action for wrongful death accrue upon the death of the testator or intestate. (b)
Notwithstanding subsection (a), and except as provided in subsections (c) and (d), no action
for death or injury to a person or damage to property arising out of an accident may be brought
against a manufacturer if any of the following circumstances apply: (1) The accident occurred
after the applicable repose period beginning on either: a. The date of delivery of the aircraft
to its first purchaser or lessee, if delivered directly from the manufacturer. b. The date
of first delivery of the aircraft to a person engaged in the business of selling or leasing
such aircraft. (2) The accident occurred with respect to any...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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6-5-754
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another
state, the United States, or a foreign country or under international treaty for death or
injury to person or damage to property arises against a manufacturer out of an accident that
occurred outside this state, such claim may be brought in the courts of this state in any
county in which jurisdiction of the defendant can be legally obtained in the same manner in
which jurisdiction could have been obtained if the claim had arisen in this state. (b) The
courts of this state shall apply the doctrine of forum non conveniens in determining whether
to accept or decline to take jurisdiction of an action asserting a claim arising out of an
accident occurring outside this state. (c) In applying the doctrine of forum non conveniens,
the court shall take into account each of the following considerations: (1) The state in which
the claimant resides, giving deference to the claimant's choice of forum only...
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6-5-752
Section 6-5-752 Definitions. For purposes of this article, the following definitions shall
apply: (1) ACCIDENT. An incident resulting in personal injury, death, or damage to property
arising out of or relating to commercial aviation aircraft. (2) AIRCRAFT. The meaning given
such term in Section 40102(6) of Title 49 of the United States Code. (3) AIRWORTHINESS CERTIFICATE.
An airworthiness certificate issued under Section 44704(d) of Title 49 of the United States
Code or any predecessor federal statute, or from another airworthiness authority. (4) COMMERCIAL
AVIATION AIRCRAFT. Any aircraft for which a type certificate or an airworthiness certificate
has been issued by the Administrator of the Federal Aviation Administration of the United
States or another airworthiness authority, which, at the time such certificate was originally
issued, had a seating capacity of 100 or more passengers. (5) DEFENDANT. Any defendant, counter-defendant,
cross-defendant, or third-party defendant named in...
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6-5-501
Section 6-5-501 Definitions. The following definitions are applicable in this division: (1)
ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or
business entity, which in the course of business or as an incident to business, sells or otherwise
distributes a manufactured product (a) prior to or (b) at the time the manufactured product
is first put to use by any person or business entity who did not acquire the manufactured
product for either resale or other distribution in its unused condition or for incorporation
as a component part in a manufactured product which is to be sold or otherwise distributed
in its unused condition. (2) PRODUCT LIABILITY ACTION. 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...
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25-5-35
Section 25-5-35 Recovery where accident occurs outside state; effect of compensation under
law of another state, etc., upon compensation under this article and Article 3 of chapter,
etc.; recovery under this article and Article 3 of chapter for accident occurring within state
where employment principally localized outside state. (a) As used in this section: (1) The
term "United States" includes only the states of the United States and the District
of Columbia; and (2) The term "state" includes any state of the United States or
the District of Columbia. (b) For the purposes of this section, a person's employment is principally
localized in this or another state when his employer has a place of business in this or such
other state and he regularly works at or from such place of business, or if he is domiciled
and spends a substantial part of his working time in the service of his employer in this or
such other state. (c) An employee whose duties require him to travel regularly in the...
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32-6-31
Section 32-6-31 Terms of compact. The Driver License Compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form substantially
as follows: Driver License Compact Article I Findings and Declaration of Policy (a) The party
states find that: (1) The safety of their streets and highways is materially affected by the
degree of compliance with state and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct
which is likely to endanger the safety of persons and property. (3) The continuance in force
of a license to drive is predicated upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is
the policy of each of the party states to: (1) Promote compliance with the laws, ordinances
and administrative rules and regulations relating to the operation of...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person or damage
to property arising out of an accident, the right of the plaintiff to recover jointly and
severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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6-5-751
Section 6-5-751 Legislative findings and objectives. (a) The Legislature finds that the recruitment,
establishment, development, and growth of the commercial aviation aircraft manufacturing industry
in the State of Alabama is important to the economic health of the state and its agencies
and institutions and to the general health, welfare, and prosperity of its citizens. The Legislature
finds that it is reasonable and important to the national and international companies and
businesses involved in the commercial aviation aircraft manufacturing industry locating or
considering locating in the State of Alabama to expect that civil liability actions against
them, if any, will be governed by tort principles generally accepted in other jurisdictions
outside this state that are home to such companies and businesses, but which are consistent
with the Constitution of Alabama of 1901, and this state's public policy. The Legislature
finds that the principles addressed in this article, namely,...
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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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