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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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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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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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40-23-260
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations
such as warehousing, shipping, and storage of product, and who holds a license pursuant to
Section 40-23-6 or 40-23-66. (5) SELLER. A manufacturer, wholesaler, or distributor of beer,
wine, or tobacco products who sells to a retailer in this state. The term also includes a
wholesale club or warehouse club that sells tobacco under a membership. (c) For the purpose
of enforcing the collection of taxes levied by this chapter, on the sale of...
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6-5-530
Section 6-5-530 Liability for damages. (a) In any civil action for personal injury,
death, or property damage caused by a product, regardless of the type of claims alleged or
the theory of liability asserted, the plaintiff must prove, among other elements, that the
defendant designed, manufactured, sold, or leased the particular product the use of which
is alleged to have caused the injury on which the claim is based, and not a similar
or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified
as having been used, ingested, or encountered by an allegedly injured party may not be held
liable for any alleged injury. A person, firm, corporation, association, partnership,
or other legal or business entity whose design is copied or otherwise used by a manufacturer
without the designer's express authorization is not subject to liability for personal
injury, death, or property damage caused by the manufacturer's product, even if use
of the design is...
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34-23-1
Food and Drug Administration has made either a determination of licensure based on standards
for interchangeability pursuant to 42 U.S.C. ยง262(k)(4), or a determination of therapeutic
equivalence based on the latest edition of or supplement to the federal Food and Drug Administration's
publication Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book).
(10) INTERN. An individual who is currently licensed by this state to engage in the practice
of pharmacy while under the personal supervision of a pharmacist and is satisfactorily
progressing toward meeting the requirements for licensure as a pharmacist, a graduate of an
approved college of pharmacy who is currently licensed by the board for the purpose of obtaining
practical experience as a requirement for licensure as a pharmacist, or a qualified applicant
awaiting examination for licensure. (11) LEGEND DRUG. Any drug, medicine, chemical, or poison
bearing on the label the words, "Caution, federal law prohibits...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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6-5-502
Section 6-5-502 Limitation periods for product liability actions. (a) All product liability
actions against an original seller must be commenced within the following time limits and
not otherwise: (1) Except as specifically provided in subsections (b), (c), and (e) of this
section, within one year of the time the personal injury, death, or property
damage occurs; and (2) Except as specifically provided in subsections (b), (c), and (e) of
this section, each element of a product liability action shall be deemed to accrue at the
time the personal injury, death, or property damage occurs; (b) Where the personal
injury, including personal injury resulting in death, or property damage
(i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence
at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some
toxic or harmful or injury-producing substance, element or particle, including radiation,
over a period of time as opposed...
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8-21C-2
Section 8-21C-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer
and the manufacturer or the distributor or in the manufacturer and dealer agreement, within
which the dealer has the exclusive right to display or sell new recreational vehicles of a
particular line-make of the manufacturer or distributor to the retail public. (2) CAMPING
TRAILER. A vehicular unit that is mounted on wheels and constructed with collapsible partial
side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary
living quarters for recreational, camping, or travel use. (3) DEALER. Any person, firm, corporation,
or business engaged in the business of selling recreational vehicles to the general public
and that maintains a permanent business establishment including a service and repair facility
which offers mechanical services for the recreational...
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