reglab/housing_qa huggingface dataset:
AL Code § 6-5-430 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 24 - Foreign Causes of Action.|Section 6-5-430 - Enforcement of Action Upon Contract or Tort Arising in Another State When Jurisdiction of Defendant Can Be Obtained in This State; Doctrine of Forum Non Conveniens Applied.

Section 6-5-430Enforcement of action upon contract or tort arising in another state when jurisdiction of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever, either by common law or the statutes of another state or of the United States, a claim, either upon contract or in tort has arisen outside this state against any person or corporation, such claim may be enforceable 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; provided, however, 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 based upon such claim originating outside this state; and provided further that, if upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interests of justice, the court must dismiss the action without prejudice. Such dismissal may be conditioned upon the defendant or defendants filing with the court a consent (i) to submit to jurisdiction in the identified forum, or (ii) to waive any defense based upon a statute of limitations if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal. (Acts 1907, Ex. Sess., No. 47, p. 67; Code 1923, §5681; Code 1940, T. 7, §97; Acts 1987, No. 87-182, p. 244.)
AL Code § 6-5-440 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 25 - Election Between Actions.|Section 6-5-440 - Simultaneous Actions for Same Cause Against Same Party Prohibited.

Section 6-5-440Simultaneous actions for same cause against same party prohibited. No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such a case, the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously, and the pendency of the former is a good defense to the latter if commenced at different times. (Code 1907, §2451; Code 1923, §5657; Code 1940, T. 7, §146.)
AL Code § 6-5-460 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-460 - Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage.

Section 6-5-460Abatement - Actions by or against unmarried women not abated upon marriage. A claim upon which an action has been filed by or against an unmarried woman does not abate on her marriage, but, the marriage being suggested upon the record, the action proceeds in her name acquired by the marriage, and judgment is entered accordingly. If judgment is entered against her, it may be satisfied out of her estate. (Code 1852, §2150; Code 1867, §2548; Code 1876, §2914; Code 1886, §2602; Code 1896, §37; Code 1907, §2498; Code 1923, §5714; Code 1940, T. 7, §152.)
AL Code § 6-5-461 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-461 - Abatement - Actions by Informers.

Section 6-5-461Abatement - Actions by informers. In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate. (Code 1907, §2452; Code 1923, §5658; Code 1940, T. 7, §148.)
AL Code § 6-5-462 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-462 - Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature.

Section 6-5-462Survival - Claims by and against personal representative in proceedings not of an equitable nature. In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor. (Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code 1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150; Acts 1951, No. 737, p. 1290.)
AL Code § 6-5-463 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-463 - Survival - Real Property Claims to Which Actions Filed.

Section 6-5-463Survival - Real property claims to which actions filed. Real property claims with respect to which actions have been filed survive in favor of heirs, devisees, or personal representatives and against heirs, devisees, tenants, or personal representatives according to their respective rights, and the court must direct the record and judgment to be so framed as to secure their rights and declare their respective interests. (Code 1852, §2158; Code 1867, §2556; Code 1876, §2921; Code 1886, §2601; Code 1896, §36; Code 1907, §2497; Code 1923, §5713; Code 1940, T. 7, §151.)
AL Code § 6-5-464 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-464 - Survival - Claims Equitable in Nature.

Section 6-5-464Survival - Claims equitable in nature. (a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action. (b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced. (Acts 1947, No. 709, p. 544.)
AL Code § 6-5-465 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-465 - Survival - Substitution of Personal Representative Where No Action Filed.

Section 6-5-465Survival - Substitution of personal representative where no action filed. If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be effected under the Alabama Rules of Civil Procedure; but final judgment must not be entered against a personal representative if he objects until after the expiration of six months from the grant of letters testamentary or of administration. (Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41; Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837; Code 1940, T. 7, §154.)
AL Code § 6-5-466 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 26 - Abatement, Survival and Revival of Actions.|Section 6-5-466 - Revival in Case of Death of One or More Defendants Jointly Sued.

Section 6-5-466Revival in case of death of one or more defendants jointly sued. (a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff. (b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration. (c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party. (Code 1867, §§2546, 2547; Code 1876, §§2912, 2913; Code 1886, §2608; Code 1896, §43; Code 1907, §2501; Code 1923, §5717; Code 1940, T. 7, §155.)
AL Code § 6-5-480 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-480 - Short Title.

Section 6-5-480Short title. This article may be cited and known as the "Alabama Medical Liability Act." (Acts 1975, No. 513, p. 148, §1.)
AL Code § 6-5-481 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-481 - Definitions.

Section 6-5-481Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice, including medical professional corporations, associations, and partnerships. (2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such practice, including professional dental corporations, associations, and partnerships. (3) MEDICAL INSTITUTION. Any licensed hospital, or any physician's or dentist's office or clinic containing facilities for the examination, diagnosis, treatment, or care of human illnesses. (4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association. (5) PHYSICIAN. Any person licensed to practice medicine in Alabama. (6) DENTIST. Any person licensed to practice dentistry in Alabama. (7) HOSPITAL. Such institutions as are defined in Section 22-21-21 as hospitals. (8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services. (9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient. (Acts 1975, No. 513, p. 148, §3.)
AL Code § 6-5-482 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-482 - Limitation on Time for Commencement of Action.

Section 6-5-482Limitation on time for commencement of action. (a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date. (b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action. (Acts 1975, No. 513, p. 148, §4.)
AL Code § 6-5-483 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-483 - Elimination of Ad Damnum Clause in Complaints.

Section 6-5-483Elimination of ad damnum clause in complaints. The ad damnum clause in complaints alleging medical liability shall be eliminated. Such complaints, in place of a claim for specific monetary damages, shall contain instead a general claim for relief. However, nothing in this section shall be construed to prohibit or restrict an attorney from requesting or suggesting a specific sum to be awarded during the trial of any medical liability case. (Acts 1975, No. 513, p. 148, §5.)
AL Code § 6-5-484 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-484 - Degree of Care Owed to Patient.

Section 6-5-484Degree of care owed to patient. (a) In performing professional services for a patient, a physician's, surgeon's, or dentist's duty to the patient shall be to exercise such reasonable care, diligence, and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community. (b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service. (Acts 1975, No. 513, p. 148, §6.)
AL Code § 6-5-485 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-485 - Settlement of Disputes by Arbitration.

Section 6-5-485Settlement of disputes by arbitration. (a) After a physician, dentist, medical institution, or other health care provider has rendered services, or failed to render services, to a patient out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract. (b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then, upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (Acts 1975, No. 513, p. 148, §8.)
AL Code § 6-5-486 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-486 - Optional Method of Payment of Judgments in Excess of $100,000.

Section 6-5-486Optional method of payment of judgments in excess of $100,000. Where a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined in Section 6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the court, in its discretion, may order that: (1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as his attorney's fee. (2) The remainder of the award shall be paid to the plaintiff in monthly installments in an amount calculated to provide the plaintiff a lifetime income. (3) If the plaintiff should die before payment of all of said award, the same income shall be paid to the beneficiary of the plaintiff for the remainder of the payments due. (4) The defendant file a surety bond with the court in an amount equal to the award remaining after the expenses referred to in subdivision (1) of this section have been deducted. (Acts 1975, No. 513, p. 148, §10.)
AL Code § 6-5-487 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-487 - Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable.

Section 6-5-487Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable. (a) In all actions for medical liability, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of cost. (b) In no case shall an advance payment in excess of an award be repayable by the person receiving it. (Acts 1975, No. 513, p. 148, §11.)
AL Code § 6-5-488 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 27 - Medical Liability Actions.|Section 6-5-488 - Rules of Evidence and Procedures in Civil Actions Preserved.

Section 6-5-488Rules of evidence and procedures in civil actions preserved. All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article. (Acts 1975, No. 513, p. 148, §13.)
AL Code § 6-5-530 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 28A - Manufacturer Liability.|Section 6-5-530 - Liability for Damages.

Section 6-5-530Liability 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 foreseeable. (b) This section is not intended in any way to alter or affect any other principle of law, including those that apply under the Alabama Medical Liability Act, Section 6-5-540 et seq.; those that apply to successor entities, distributors, component manufacturers, or manufacturers who use component parts in assembling products for sale as complete units; or those that apply to the operation of a contract, including a licensing agreement. (Act 2015-106, §§1, 2.)
AL Code § 6-5-540 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 29 - Medical Liability Act of 1987.|Section 6-5-540 - Legislative Intent.

Section 6-5-540Legislative intent. It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance with the previous declaration of Legislature contained in Act 513 of the Regular Session of the 1975 Alabama Legislature it is the declared intent of this Legislature to insure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden upon those who can least afford such increases, and that the threat of such actions contributes to expensive medical procedures to be performed by physicians and other health care providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential medical services caused by the threat of such litigation constitutes a danger to the health and safety of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of health care and to insure its continued availability. Additionally, the Legislature finds that the increasing threat of legal actions for alleged medical injury has resulted in a limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of the defendant health care provider through the interjection of evidence of insurance, the Legislature finds that the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider. (Acts 1987, No. 87-189, p. 261, §1.)
AL Code § 6-5-541 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 29 - Medical Liability Act of 1987.|Section 6-5-541 - Short Title; Construction.

Section 6-5-541Short title; construction. This article may be cited and known as "The Alabama Medical Liability Act of 1987" and is intended to supplement "The Alabama Medical Liability Act," Act No. 513 of the 1975 Regular Session of the Alabama Legislature. The provisions of this article shall be construed so as to be consistent with Act No. 513 of the 1975 Regular Session of the Alabama Legislature and the legislative intent stated herein. (Acts 1987, No. 87-189, p. 261, §2.)