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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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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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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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6-5-70
Section 6-5-70 Furnishing liquor to minors. Either parent of a minor, guardian, or a person
standing in loco parentis to the minor having neither father nor mother shall have a right
of action against any person who unlawfully sells or furnishes spirituous liquors to such
minor and may recover such damages as the jury may assess, provided the person selling or
furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge
of such minority. Only one action may be commenced for each offense under this section. (Code
1907, §2467; Code 1923, §5673; Code 1940, T. 7, §120.)...
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15-18-75
Section 15-18-75 Civil action by victim of crime; credit for restitution paid. Nothing in this
article limits or impairs the right of a person injured by a defendant's criminal activities
to sue or recover damages from the defendant in a civil action. Evidence that the defendant
has paid or has been ordered to pay restitution pursuant to this article may not be introduced
in any civil action arising out of the facts or events which were the basis for the restitution.
However, the court shall credit any restitution paid by the defendant to a victim against
any judgment in favor of the victim in such civil action. If conviction in a criminal trial
necessarily decides the issue of a defendant's liability for pecuniary damages for a victim,
that issue is conclusively determined as to the defendant, if it is involved in a subsequent
civil action. (Acts 1980, No. 80-588, p. 928, §11.)...
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28-4-269
Section 28-4-269 Forfeiture and condemnation proceedings generally - Issues and parties generally;
style of action; trial of action generally. The issue thus framed shall be deemed an action
pending in the court of the judge who issued the warrant between the State of Alabama, on
the relation of the complainant, and the liquor and beverages and vessels and receptacles
so seized and against the party in possession of the liquors and beverages or against the
party who interposes the claim, and may be entitled in the name of the State of Alabama against
the said party so appearing, if any, and if no one appears, may be entitled as against said
liquors and beverages adding for identification the name of the person or persons mentioned
in the affidavit or warrant. The said action shall be tried in the district court as other
actions are tried therein. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4757; Code 1940, T. 29, §226.)...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery from fund;
procedures, appeals, etc.; licensee to report any legal action taken against him or her. (a)
The commission shall establish and maintain a Recovery Fund from which an aggrieved party
may recover actual or compensatory damages, not including interest and court costs, sustained
only within the State of Alabama as a result of conduct of a broker or salesperson in violation
of Article 1 or 2 of this chapter or the rules and regulations of the commission. (b) Notwithstanding
any other provision to the contrary, payments from the Recovery Fund are subject to the following
conditions and limitations: (1) The fund shall not be obligated for the acts or omissions
of a broker or salesperson while acting on his or her own behalf or on behalf of his or her
child, spouse, or parent regarding property in which he or she or his or her spouse, child,
or parent has, or is attempting to acquire, an interest;...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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28-3A-25
Section 28-3A-25 Unlawful acts and offenses; penalties. (a) It shall be unlawful: (1) For any
manufacturer, importer, or wholesaler, or the servants, agents, or employees of the same,
to sell, trade, or barter in alcoholic beverages between the hours of nine o'clock p.m. of
any Saturday and two o'clock a.m. of the following Monday. (2) For any wholesaler or the servants,
agents, or employees of the wholesaler to sell alcoholic beverages, to other than wholesale
or retail licensees or others within this state lawfully authorized to sell alcoholic beverages,
or to sell for export. (3) For any person, licensee, or the board, either directly or by the
servants, agents, or employees of the same, or for any servant, agent, or employee of the
same, to sell, deliver, furnish, or give away alcoholic beverages to any person under the
legal drinking age, as defined in Section 28-1-5, or to permit any person under the legal
drinking age, as defined in Section 28-1-5, to drink, consume, or possess...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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