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6-5-225
exposure to liabilities for injuries and damages occurring long after the completion of their
professional architectural and engineering services and builders as defined from exposure
to liabilities for injuries and damages occurring long after the completion of their work,
the article imposes no unfair burden on the injured party for he or she is still afforded
an avenue of legal action to seek redress from those who are more likely to have been responsible
for or could have prevented such injury. (c) It is the legislative intent and purpose
to establish a single period of limitation for all civil actions, whether in tort, contract,
or otherwise, commenced against architects and engineers and builders, which limitation period
is two years from the date the cause of action accrues. This limitation period is equally
applicable to actions in tort which currently must be commenced within two years from the
date injury occurs, and those founded on contract which currently may be commenced...
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6-5-410
Section 6-5-410 Wrongful act, omission, or negligence causing death. (a) A personal
representative may commence an action and recover such damages as the jury may assess in a
court of competent jurisdiction within the State of Alabama where provided for in subsection
(e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons,
or corporation, his or her or their servants or agents, whereby the death of the testator
or intestate was caused, provided the testator or intestate could have commenced an action
for the wrongful act, omission, or negligence if it had not caused death. (b) The action shall
not abate by the death of the defendant, but may be revived against his or her personal
representative and may be maintained though there has not been prosecution, conviction, or
acquittal of the defendant for the wrongful act, omission, or negligence. (c) The damages
recovered are not subject to the payment of the debts or liabilities of the testator or...
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27-5-8
excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage,
unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil commotion
are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks
of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot, and/or civil commotion;
and other aids to navigation and transportation, including dry docks and marine railways,
against all risks. (2) "Marine protection and indemnity insurance," meaning insurance
against, or against legal liability of the insured for, loss, damage or expense arising out
of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction
of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability
of the insured for personal injury, illness, or death or for loss of, or damage
to, the property of another person. (Acts 1971, No. 407, p. 707, ยง93.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-5-8.htm - 3K - Match Info - Similar pages
8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22-9.htm - 16K - Match Info - Similar pages
32-7-6
Section 32-7-6 Security required; suspensions; applicability. (a) If 20 days after the receipt
of a report of a motor vehicle accident within this state which has resulted in bodily injury
or death, or damage to the property of any one person in excess of five hundred dollars ($500),
the director does not have on file evidence satisfactory that the person who would otherwise
be required to file security under subsection (b) of this section has been released from liability,
or has been finally adjudicated not to be liable, or has executed a duly acknowledged written
agreement or conditional release providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident, which agreement
or conditional release may include reasonable interest as set out in Section 32-7-7, the director
shall determine the amount of security which shall be sufficient in his or her judgment to
satisfy any judgment or judgments for damages...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section, the following
words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY.
Any public or private corporation, board, or authority established pursuant to a general or
local law by state, county, or municipal government for the purpose of carrying out a specific
governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county
in the state; any department, agency, board, or commission of a municipality, a county, or
the state; any legislative or regulatory body of the state, or of any municipality or county;
any state, municipal, or county governmental corporation or authority; any state university
or community college, including any publicly funded trade or technical school; the State Board
of Education, and all county, municipal, and city-county public school boards; any state,
county, or municipal hospital boards when such boards are...
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9-17-16
or any of its agents, employees or representatives or the Attorney General or any district
attorney, from enforcing any of the provisions of this article or any rule, regulation or
order made under this article, except after due notice to the members of the board and to
all other defendants and after a hearing at which it shall be clearly shown to the court that
the act done or threatened is without sanction of law and, if enforced against the complaining
party, will cause an irreparable injury. The judgment or order of the court granting
temporary injunctive relief shall state the nature and extent of the probable invalidity of
any provision of this article or of any rule, regulation or order made under this article
involved in such suit and shall also contain a clear statement of the probable damage relied
upon by the court as justifying the temporary relief. (b) No temporary injunctive relief of
any kind, including a temporary restraining order, against the board or the members...
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9-9-48
Section 9-9-48 Control and supervision of completed improvements; annual tax for repairs and
maintenance; payment of costs of repairs and maintenance; injury, damage or obstruction
of improvements. Whenever any improvement constructed under this article is completed, it
shall be under the control and supervision of the board of water management commissioners.
It shall be the duty of said board to maintain the levees, ditches, drains, watercourses,
floodwater retarding structures and any other improvements in good repair, and for this purpose
the board of water management commissioners may annually levy a tax on the lands benefited
by the construction of such improvement in the same manner as other water management taxes
are levied, not to exceed 10 percent of the assessed benefits in any one year, and the fund
that is collected shall be used for repairing and maintaining the ditches, drains, watercourses,
floodwater retarding structures and other improvements in perfect order;...
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