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6-5-711
Section 6-5-711 Exemption from civil liability for certain professional firms and employees
providing construction monitoring services. The provisions of Section 34-11-9(a)(3) notwithstanding,
neither a professional firm nor any of its employees that provide construction monitoring
services on behalf of an awarding authority relating to the construction, repair, resurfacing,
refurbishment, replacement, removal, modification, alteration, or other improvement of any
public or private infrastructure shall be civilly liable in tort or otherwise for property
damage, personal injury, or death resulting from construction monitoring services
that substantially comply with the professional firm's construction monitoring services requirements
for the awarding authority related to the plans and specifications in determining compliance
of the contractor's work with the plans and specifications. (Act 2013-401, p. 1538, §2.)...
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6-5-712
Section 6-5-712 Construction and application of article. (a) This article is not applicable
to the extent that a professional firm or its employees are engaged by an awarding authority
solely to design and/or prepare the engineering plans and specifications for a public or private
infrastructure. (b) This article is not applicable to the extent that a professional firm
or its employees performing construction monitoring services are also engaged by an awarding
authority to prepare the engineering plans for that project, or are otherwise providing additional
services on that project, and to the extent that a deficiency in such plans or additional
services proximately causes property damage, personal injury, or death to a
third party with whom the professional firm is not in privity of contract. (c) This article
does not replace or supersede existing burdens of proof or defenses in professional liability
actions concerning construction monitoring services. (Act 2013-401, p. 1538, §3.)...
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6-5-680
Section 6-5-680 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages,
losses, indemnification, contribution, or other relief arising out of, based on, or in any
way related to asbestos, including: a. The health effects of exposure to asbestos, including
any claim for: 1. Personal injury or death. 2. Mental or emotional injury.
3. Risk of disease or other injury. 4. The costs of medical monitoring or surveillance,
to the extent these claims are recognized under state law. b. Any claim made by or on behalf
of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative
of the person. c. Any claim for damage or loss caused by the installation, presence, or removal
of asbestos. (2) CORPORATION. A corporation for profit, including a domestic corporation organized
under the laws of this state, or a foreign corporation organized under laws other...
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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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2-9-22
of Agriculture and Industries, subject to approval by the Governor, is hereby authorized and
empowered and may enter into a contract by bond or policy with an insurance company authorized
to do business in this state whereby employees of the Department of Agriculture and Industries
who are engaged in work involving inspection, grading, classifying, weighing or otherwise
handling agricultural commodities at shipping points, terminal markets, receiving centers
or elsewhere will be insured against personal injury or death caused by accidental
means while discharging their duties as such employees. The amount of insurance protection
to be paid to any employee as authorized under this section on account of death, injury
or disability shall not exceed the amount or amounts as provided by the workmen's compensation
laws of the State of Alabama if such employees were privately employed; except, that such
insurance may provide additional benefits not to exceed $10,000.00 per employee for the...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is
likely to produce death and which was committed under circumstances such as would, if death
arises from such injury, constitute an offense which may be punished by death. (b)
In cases punishable capitally, the defendant is entitled to bail as a matter of right when
the state, after the finding of the indictment, has continued the case twice, without his
consent, for the testimony of absent witnesses. In such case, if the indictment is dismissed,
the defendant, on application for bail, is entitled to the benefit of any continuance had
upon such indictment by the state for absent witnesses; and, if another indictment is not
found at the...
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6-5-501
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 based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the
manufacturer's liability doctrine, (d) the Alabama extended manufacturer's liability doctrine,
as it exists or is hereafter construed or modified, (e) breach of any...
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25-5-35
in the service of his employer in this or such other state. (c) An employee whose duties require
him to travel regularly in the service of his employer in this and one or more other states
may, by written agreement with his employer, provide that his employment is principally localized
in this or another such state; and, unless such other state refuses jurisdiction, such agreement
shall be given effect under this section. (d) If an employee, while working outside of this
state, suffers an injury on account of which he or, in the event of his death, his
dependents, would have been entitled to the benefits provided by this article and Article
3 of this chapter had such injury occurred within this state, such employee or, in
the event of his death resulting from such injury, his dependents, shall be entitled
to the benefits provided by this article and Article 3 of this chapter, provided that at the
time of such injury: (1) His employment was principally localized in this state; (2)
He...
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32-2-120
system; activation of alert; powers and duties; boundaries of alert area; termination of alert;
liability. (a) For the purposes of this section, the following terms shall have the following
meanings: (1) ALERT SYSTEM. The Blue Alert system. (2) DEPARTMENT. The Department of Public
Safety. (3) DIRECTOR. The Director of the Department of Public Safety. (4) LAW ENFORCEMENT
AGENCY. A law enforcement agency with jurisdiction over the search for a suspect in a case
involving the death or serious injury of a peace officer or an agency employing a peace
officer who is missing in the line of duty. (5) PEACE OFFICER. A person who is certified to
exercise the power of arrest under the laws of this state. (b) There is established a statewide
alert system known as Blue Alert which shall be developed and implemented by the director,
who is the statewide coordinator of the alert system. (c) The alert system may be activated
under either of the following circumstances: (1) When a suspect of a crime...
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43-8-175
be contested and controverted in the same manner as wills are subject to be contested and controverted
when offered or propounded for original probate and record in the courts of this state. If
the will has been admitted to probate elsewhere than in some other state of the United States
of America, or some territory, district or country subject to the jurisdiction of the United
States of America, if such will purports or undertakes to dispose of, or if it has the effect
of disposing of, any personal property situated within the state of Alabama, such will,
in order to be valid to that end, shall be probated in all respects, including notice to the
next of kin of the testator or testatrix, as wills are required to be probated in the courts
of the state of Alabama, upon original proceedings to probate wills in this state, and shall
be subject to be contested and controverted when offered or propounded for original probate
and record in the courts of this state. (Code 1852, §1630; Code...
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