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6-5-753
Section 6-5-753 Commencement of action. (a) All actions against a manufacturer in tort, contract,
or otherwise for death or injury to person or damage to property arising out of an
accident shall be commenced within two years next after a cause of action accrues, and not
thereafter. Causes of action for wrongful death accrue upon the death of the testator or intestate.
(b) Notwithstanding subsection (a), and except as provided in subsections (c) and (d), no
action for death or injury to a person or damage to property arising out of an accident
may be brought against a manufacturer if any of the following circumstances apply: (1) The
accident occurred after the applicable repose period beginning on either: a. The date of delivery
of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer.
b. The date of first delivery of the aircraft to a person engaged in the business of selling
or leasing such aircraft. (2) The accident occurred with respect to any...
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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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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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6-5-752
Section 6-5-752 Definitions. For purposes of this article, the following definitions shall
apply: (1) ACCIDENT. An incident resulting in personal injury, death, or damage
to property arising out of or relating to commercial aviation aircraft. (2) AIRCRAFT. The
meaning given such term in Section 40102(6) of Title 49 of the United States Code. (3) AIRWORTHINESS
CERTIFICATE. An airworthiness certificate issued under Section 44704(d) of Title 49 of the
United States Code or any predecessor federal statute, or from another airworthiness authority.
(4) COMMERCIAL AVIATION AIRCRAFT. Any aircraft for which a type certificate or an airworthiness
certificate has been issued by the Administrator of the Federal Aviation Administration of
the United States or another airworthiness authority, which, at the time such certificate
was originally issued, had a seating capacity of 100 or more passengers. (5) DEFENDANT. Any
defendant, counter-defendant, cross-defendant, or third-party defendant named in...
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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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32-6-31
of conviction for: (1) Manslaughter or negligent homicide resulting from the operation of a
motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquor
or a narcotic drug, or under the influence of any other drug to a degree which renders the
driver incapable of safely driving a motor vehicle; (3) Any felony in the commission of which
a motor vehicle is used; (4) Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another. (b) As to other
convictions, reported pursuant to article III, the licensing authority in the home state shall
give such effect to the conduct as is provided by the laws of the home state. (c) If the laws
of a party state do not provide for offenses or violations denominated or described in precisely
the words employed in subdivision (a) of this article, such party state shall construe the
denomination and description appearing in subdivision (a) hereof as being...
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6-5-755
Section 6-5-755 Recovery; contribution. (a) In an action against a manufacturer and one or
more other defendants, including other manufacturers, for death or injury to person
or damage to property arising out of an accident, the right of the plaintiff to recover jointly
and severally against such defendants found liable is preserved. (b) Notwithstanding subsection
(a), in an action arising out of such accident, if the respective or comparative responsibility
of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence
of a jury the court shall make special findings, allocating the percentage of responsibility
attributable to each defendant found to have proximately caused the accident. (c) Responsibility
for the accident may be allocated to a nonparty in an action under the procedure described
in subsection (b) if each of the following requirements are satisfied: (1) A defendant affirmatively
pleads the responsibility of a nonparty as a proximate cause of...
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6-5-751
at the time of delivery to the first purchaser or upon replacing or adding a component part
that is alleged to have been a proximate cause of an accident. While protecting such manufacturers
during a remote period beginning long after the completion of their work, the article imposes
no unfair burden on the injured, deceased, or damaged party because a party is still afforded
an avenue of legal redress from others who are more likely to have been responsible for or
could have prevented such injury, death, or damage. (d) It is thus the legislative
objective to provide for the abolishing of rights of action, with certain exceptions, against
commercial aviation aircraft manufacturers that would have accrued after the passage of 12
years from delivery to the first purchaser or from replacing or adding a component part that
is alleged to have been a proximate cause of an accident, and all such actions will be forever
barred without relief to a claimant. Where causes of action accrue during...
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6-2-38
shall, for the purpose of subsections (b) through (f) of this section, be deemed to accrue
upon delivery or tender of delivery thereof by the carrier and not after. (f) The term "overcharges"
as used in subsections (b) through (e) of this section shall mean charges for transportation
services in excess of those applicable thereto under the tariffs lawfully on file with the
Public Service Commission. (g) Any action brought under Section 25-5-11(b) must be brought
within two years of such injury or death. (h) All actions for malicious prosecution
must be brought within two years. (i) All actions for seduction must be brought within two
years. (j) All actions qui tam or for a penalty given by statute to the party aggrieved, unless
the statute imposing it prescribes a different limitation, must be brought within two years.
(k) All actions of libel or slander must be brought within two years. (l) All actions for
any injury to the person or rights of another not arising from contract...
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