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13A-3-21
Section 13A-3-21 Basis for defense generally; injury to innocent person through negligence;
civil remedies. (a) Defense. Except as otherwise expressly provided, justification or excuse
under this article is a defense. (b) Danger to innocent persons. If a person is justified
or excused in using force against a person, but he recklessly or negligently injures or creates
a substantial injury to another person, the justifications afforded by this article
are unavailable in a prosecution for such recklessness or negligence. (c) Civil remedy unimpaired.
Any justification or excuse within the meaning of this article does not abolish or impair
any civil remedy or right of action which is otherwise available. (Acts 1977, No. 607, p.
812, ยง601.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-3-21.htm - 1K - Match Info - Similar pages
16-44B-1
Commission may deem appropriate. The executive director shall serve as secretary to the Interstate
Commission, but shall not be a Member of the Interstate Commission. The executive director
shall hire and supervise such other persons as may be authorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immune from suit
and liability, either personally or in their official capacity, for a claim for damage to
or loss of property or personal injury or other civil liability caused or arising
out of or relating to an actual or alleged act, error, or omission that occurred, or that
such person had a reasonable basis for believing occurred, within the scope of Interstate
Commission employment, duties, or responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of such person. 1. The liability of...
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15-22-1.1
by the Interstate Commission, but shall not be a member. (c) Corporate records of the Interstate
Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers,
executive director, and employees of the Interstate Commission shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising
out of any actual or alleged act, error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct of any
such person. (2) The Interstate Commission shall defend the...
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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-60-2.htm - 45K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-61-1.htm - 62K - Match Info - Similar pages
12-19-271
Section 12-19-271 Definitions. The following words and phrases as used in this article, have
the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification",
when used with reference to any action, claim, defense or appeal, including without limitation
any motion, means that such action, claim, defense or appeal (including any motion) is frivolous,
groundless in fact or in law, or vexatious, or interposed for any improper purpose, including
without limitation, to cause unnecessary delay or needless increase in the cost of litigation,
as determined by the court. (2) PERSON. Any individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other entity, including any governmental
entity or unincorporated association of persons. (3) ACTION. Any suit, counterclaim, crossclaim
or third party claim filed at law or in equity, including any...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative,
parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract,
or otherwise on account of occupational exposure to radiation and on account of any injury,
disability, loss of service, or death resulting from occupational exposure to radiation. Except
as provided in this article, no employer included within the terms of this chapter and no
officer, director, agent, servant, or employee of such employer shall be held civilly liable
for the occupational exposure to radiation or for injury, disability, loss of service,
or death of any employee due to occupational exposure to radiation while engaged in the service
or business of the employer, the cause of which occupational exposure to radiation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-194.htm - 2K - Match Info - Similar pages
25-5-114
Section 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative,
parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract,
or otherwise on account of the contraction of an occupational disease, as defined in this
article, and on account of any injury, disability, loss of service, or death resulting
from an occupational disease, as defined in this article. Except as provided in this article,
no employer included within the terms of this chapter and no officer, director, agent, servant,
or employee of such employer shall be held civilly liable for the contraction of an occupational
disease, as defined in this article, or for injury, disability, loss of service, or
death of any employee due to an occupational disease while engaged in the service or business...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-114.htm - 1K - Match Info - Similar pages
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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37-15-10
Damage Prevention Fund for the exclusive use of the authority. The expenditures of monies in
the Underground Damage Prevention Fund shall be at the discretion of the authority board to
carry out its duties under this chapter. Excess funds shall be used to support public awareness
programs and training and education of excavators, operators, locators, and other persons
to reduce the number and severity of violations of this chapter. (f) This chapter does not
affect any civil remedies for personal injury or property damage or criminal
sanctions except as otherwise specifically provided for in this chapter. (g) Evidence of findings
of fact, civil penalties, or any of the actions or proceedings pursuant to this chapter shall
not be admissible in any other civil causes of actions related to the excavation or damage
for which the penalty or fine was issued; however, these materials are discoverable in civil
actions arising from the facts herein. This chapter does not limit any...
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