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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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6-5-60
Section 6-5-60 By whom and against whom action may be commenced; venue. (a) Any person, firm,
or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect,
direct or indirect, may, in each instance of such injury or damage, recover the sum
of $500 and all actual damages from any person, firm, or corporation creating, operating,
aiding, or abetting such trust, combine, or monopoly and may commence the action therefor
against any one or more of the parties to the trust, combine, or monopoly, or their attorneys,
officers, or agents, who aid or abet such trust, combine, or monopoly. All such actions may
be prosecuted to final judgment against any one or more of the defendants thereto, notwithstanding
there may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.
(b) Actions under this section may be commenced in any county where the trust, combine, or
monopoly was formed or where it exists or is carried on, promoted,...
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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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31-3-7
Section 31-3-7 Construction of chapter; decision of awarding authority to be final. This chapter
shall not be construed to give any person a right of action against the State of Alabama in
any court for the recovery of the compensation authorized by this chapter. The decision of
the awarding authority shall be final, and shall not be subject to appeal to or review by
any court. Neither shall this chapter be construed to take away any right of action in any
court under any other law for the recovery of damages for the death of an Alabama national
guardsman; nor, in the event of the death of a guardsman who was an employee of the State
of Alabama at the time of the injury which proximately caused his death, shall this
chapter be construed to take away the right or privilege of the surviving dependents of such
guardsman to file a claim for damages with the State Board of Adjustment pursuant to any other
law. (Acts 1967, No. 436, p. 1105, §7.)...
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37-1-155
Section 37-1-155 Action on bond. Any person, firm, company or corporation, who shall sustain
any loss, injury or damage by reason of such injunction or restraining order, may bring
a civil action on the bond in the name of the State of Alabama for its use and recover such
damages as it may have sustained, including any overcharge or excess rate or charge paid by
it on account of the suspension of said rates, charges or orders. (Code 1907, §5704; Code
1923, §9696; Code 1940, T. 48, §99.)...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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6-5-521
Section 6-5-521 "Product liability action" defined. (a) A "product liability
action" means 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 (1) negligence, (2) innocent or negligent
misrepresentation, (3) the manufacturer's liability doctrine, (4) the Alabama extended manufacturer's
liability doctrine as it exists or is hereafter construed or modified, (5) breach of any implied
warranty, or (6) breach of any oral express warranty and no other. A product liability action
does not include an action for contribution or indemnity. (b) No product liability action
may be asserted or may be provided a claim for relief against any distributor, wholesaler,
dealer, retailer, or seller of a product, or against an individual or business entity...
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7-2A-506
been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause
of action for indemnity accrues (a) in the case of an indemnity against liability, when the
act or omission on which the claim for indemnity is based is or should have been discovered
by the indemnified party, or when the default occurs, whichever is later, (b) in the case
of an indemnity against loss or damage, when the person indemnified makes payment thereof.
A cause of action for damages for injury to the person in the case of consumer goods
accrues when the injury occurs. (3) If an action commenced within the time limited
by subsection (1) is so terminated as to leave available a remedy by another action for the
same default or breach of warranty or indemnity, the other action may be commenced after the
expiration of the time limited and within 6 months after the termination of the first action
unless the termination resulted from voluntary discontinuance or from dismissal for failure...
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6-5-344
shall be liable in any civil action for damages to a player, participant, or spectator as a
result of his or her acts or omissions arising out of and in the course of rendering that
service or assistance. (b) This section shall apply to competitions, instruction, practice,
and other activities related to the organized sport. (c) Nothing in this section shall grant
immunity to any of the following: (1) Any person causing damage by his or her willful, wanton,
or grossly negligent act or omission. (2) Any coach, manager, assistant, or official who has
not participated in a safety and training skills program which shall include, but not be limited
to, injury prevention, first aid procedures, and general coaching concepts. (3) Any
person causing damage or injury as a result of his or her negligent operation of a
motor vehicle. (4) Any person for any damage caused by that person permitting a competition
or practice to be conducted without supervision. (Act 2006-605, p. 1668, §1.)...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care
provider based on a breach of the standard of care the damages assessed by the trier of fact
shall be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages.
The trier of fact shall not reduce any future damages to present value. If the trial court
determines that any one or more of the above categories is not recoverable in the action,
that category or categories shall be omitted from the itemization. (b)...
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