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9-1-6
well-being of the state. In the absence of a reasonable measure of damages as specified in
this section, confusion could result in the coal industry causing financial distress and unemployment,
and may cause the abandonment and prevent the use of many coal mines. This state has a public
interest in removing this hazard and precluding this confusion and distress without doing
violence to private rights. (b) The measure of damages in any civil action for the unauthorized
extraction, severance, injury or removal of coal from land, including but not limited
to, action for trespass or conversion, when the extraction, severance, injury or removal
is in good faith shall be the fair market value of the coal in place before severance as of
the time of extraction, severance, injury or removal. The fair market value of the
coal in place shall be calculated as the royalty rate prevailing at the time and place of
severance. The measure of damages in all other civil actions for the unauthorized...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-1-6.htm - 2K - Match Info - Similar pages
11-92B-14
Section 11-92B-14 Liability for injuries. An authority shall not be liable for damages for
injury done to any person or corporation, unless the injury was done due to
the negligence or wantonness of an agent, officer, or employee of the authority while engaged
in work for the authority and while acting in the line and scope of his or her duty, or unless
the injury was done due to the neglect, carelessness, or failure to remedy a defect
in the streets, alleys, drainage systems, or buildings of the authority after the authority
had been given notice of the defect or after the defect had existed for such an unreasonable
length of time as to raise a presumption of knowledge of the defect on the part of the authority.
Whenever an authority shall be made liable for damages by reason of the unauthorized or wrongful
acts or negligence or carelessness of any person or corporation, then the person or corporation
shall be liable to an action on the same account by the party so injured. (Act...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-92B-14.htm - 1K - Match Info - Similar pages
37-16-7
written document creating the electric easement or no express terms in the document, the electric
provider shall provide notice to the owner of the real property subject to the electric easement
by informing such owner of the installation of the broadband system within the electric easement
prior to installation. Notice shall be sufficient if mailed to the name and address of the
owner or owners listed in the real property ad valorem tax records for the county where the
real property is located. Nothing in this section shall require the notice from the electric
provider when the electric easement is acquired by condemnation or pursuant to an expansion
of the electric easement by civil action commenced by the owner. (h) Nothing in this chapter
shall be deemed to relieve the broadband operator, broadband service provider, or electric
provider from liability for bodily injury or physical damage to real or personal
property located adjacent to the electric easement. (Act 2019-326, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-16-7.htm - 6K - Match Info - Similar pages
11-47-190
Section 11-47-190 When municipality liable; joint liability of other persons or corporations.
No city or town shall be liable for damages for injury done to or wrong suffered by
any person or corporation, unless such injury or wrong was done or suffered through
the neglect, carelessness, or unskillfulness of some agent, officer, or employee of the municipality
engaged in work therefor and while acting in the line of his or her duty, or unless the said
injury or wrong was done or suffered through the neglect or carelessness or failure
to remedy some defect in the streets, alleys, public ways, or buildings after the same had
been called to the attention of the council or other governing body or after the same had
existed for such an unreasonable length of time as to raise a presumption of knowledge of
such defect on the part of the council or other governing body and whenever the city or town
shall be made liable for damages by reason of the unauthorized or wrongful acts or negligence,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-190.htm - 2K - Match Info - Similar pages
7-2-714
in regard to accepted goods. (1) Where the buyer has accepted goods and given notification
(subsection (3) of Section 7-2-607) he may recover as damages for any nonconformity of tender
the loss resulting in the ordinary course of events from the seller's breach as determined
in any manner which is reasonable. (2) The measure of damages for breach of warranty is the
difference at the time and place of acceptance between the value of the goods accepted and
the value they would have had if they had been as warranted, unless special circumstances
show proximate damages of a different amount, and nothing in this section shall be construed
so as to limit the seller's liability for damages for injury to the person in the case
of consumer goods. Damages in an action for injury to the person include those damages
ordinarily allowable in such actions at law. (3) In a proper case any incidental and consequential
damages under Section 7-2-715 may also be recovered. (Acts 1965, No. 549, p. 811.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2-714.htm - 1K - Match Info - Similar pages
25-5-11
the employee was entitled. For purposes of this amendatory act, the employer shall be entitled
to subrogation for medical and vocational benefits expended by the employer on behalf of the
employee; however, if a judgment in an action brought pursuant to this section is uncollectible
in part, the employer's entitlement to subrogation for such medical and vocational benefits
shall be in proportion to the ratio the amount of the judgment collected bears to the total
amount of the judgment. (b) If personal injury or death to any employee results
from the willful conduct, as defined in subsection (c) herein, of any officer, director, agent,
or employee of the same employer or any workers' compensation insurance carrier of the employer
or any person, firm, association, trust, fund, or corporation responsible for servicing any
payment of workers' compensation claims for the employer, or any officer, director, agent,
or employee of the carrier, person, firm, association, trust, fund, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-11.htm - 9K - Match Info - Similar pages
22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-2.htm - 14K - Match Info - Similar pages
6-5-332.2
including a response action contractor as defined in Section 22-35-3, is not liable for removal
costs or damages which result from actions taken or omitted to be taken in the course of rendering
care, assistance, or advice consistent with the National Contingency Plan or as otherwise
directed by the Federal On-Scene Coordinator or by any state official with responsibility
for oil spill response. (2) Subdivision (1) of this subsection does not apply: a. to a responsible
party; b. with respect to personal injury or wrongful death; c. if the person
is grossly negligent or engages in wanton or willful misconduct: or d. If the person's act(s)
or omission(s) proximately caused, in whole or in part, the original actual or threatening
discharge; or any additional or further actual or threatening discharge. (3) A responsible
party is liable for any removal costs and damages that another person is relieved of under
subdivision (1). (4) Nothing in this section affects the liability of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-332.2.htm - 5K - Match Info - Similar pages
22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-3.htm - 8K - Match Info - Similar pages
22-36-3
deprived of drinking water; e. Require any owner or operator of an underground storage tank
which has released any regulated substance and who has knowledge that a release has occurred
to make a timely report of the pollution or release and any resulting corrective action to
the department. (3) The department, acting through the commission, is authorized to promulgate
rules and regulations requiring the owner or operator of an underground storage tank to maintain
evidence of financial responsibility for taking corrective action, providing alternate or
temporary drinking water, and compensating third parties for bodily injury and property
damages resulting from groundwater pollution caused by the operation of an underground storage
tank only when such a requirement is mandatory for delegation of authority to the department
to manage a Federal Regulatory Program and only to the extent required for delegation of that
Federal Regulatory Program. (Acts 1988, No. 88-537, p. 823, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-36-3.htm - 4K - Match Info - Similar pages
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