reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-700 - Definitions.

Section 6-5-700
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) AWARDING AUTHORITY.
a. The Alabama Department of Transportation, if the contractor enters into a contract with the State of Alabama to construct, repair, or maintain a highway, a road, or a street for the State of Alabama; or
b. The county governing body, if the contractor enters into a contract with that county to construct, repair, or maintain a highway, a road, or a street for that county; or
c. The governing body of any other local government, if the contractor enters into a contract with that local government to construct, repair, or maintain a highway, a road, or a street for that local government.
(2) CONCLUSION OF PROJECT. The date that the awarding authority notifies the contractor, in writing, that the awarding authority has assumed maintenance responsibilities for the roadway or 60 days after the contractor has notified, in writing, the awarding authority that the contractor’s work on the project is completed, whichever is earlier.
(3) CONTRACTOR. Any person or entity, and any subcontractor, director, officer, or employee of such a person or entity, that contracts with the State of Alabama, a county, or other local government to construct, repair, or maintain a highway, a road, a bridge, or a street.
(4) DANGEROUS CONDITION. A condition that is not reasonably safe for the intended use of the roadway and is capable of causing a person physical injury or death under the anticipated use of the roadway.
(5) SPECIFICATIONS. Specifications, plans, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform.
(Act 2012-225, p. 414, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-701 - Reliance Upon Specifications.

Section 6-5-701
Reliance upon specifications.
A contractor is justified ordinarily in relying upon the specifications that are contained in the contract with an awarding authority. No contractor shall be held civilly liable for work performed on a highway, road, bridge, or street including repairs, construction, or maintenance on behalf of the awarding authority unless it is shown by a preponderance of the evidence that physical injury, property damage, or death is proximately caused by any of the following:
(1) A failure by the contractor to follow the plans and specifications resulting in a dangerous condition.
(2) The contractor’s performance of the contract in compliance with the plans and specifications creates a condition that should have appeared, to a reasonably prudent contractor, to be a dangerous condition.
(3) A latent defect which creates a dangerous condition that is the result of the work of the contractor.
(Act 2012-225, p. 414, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-702 - Compliance With Contract Documents.

Section 6-5-702
Compliance with contract documents.
During the course of construction, a contractor who constructs, maintains, or repairs a highway, road, street, or bridge for the awarding authority is not liable to a claimant for personal injury, property damage, or death arising from the performance of such construction, maintenance, or repair, if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition, including the traffic control plan, that was the proximate cause of the personal injury, property damage, or death unless following the plans and specifications would result in a dangerous condition that should have appeared to be defective to a reasonably prudent contractor or that the contractor should have known that following the plans and specifications could create a dangerous condition that caused the injury or death.
(Act 2012-225, p. 414, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-703 - Notification of Potentially Dangerous Conditions.

Section 6-5-703
Notification of potentially dangerous conditions.
If, prior to or during the course of construction, a contractor discovers or determines that following the plans and specifications could result in a potentially dangerous condition, then the contractor shall, with specificity of such condition, expressly notify the Chief Engineer of the Alabama Department of Transportation in writing by certified mail, return receipt requested. The Alabama Department of Transportation, or the awarding authority, shall respond to the specific condition raised within 14 days in writing as to its decision as to the appropriate response to the dangerous condition. The contractor shall not be liable for any claim relating to any decision made by the Alabama Department of Transportation or awarding authority as to the appropriate response, design decisions, or engineering decision, if any, to respond to the potentially dangerous condition identified.
(Act 2012-225, p. 414, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-704 - Claims by Noncontractual Third Parties.

Section 6-5-704
Claims by noncontractual third parties.
The contractor shall bear no civil liability for any alleged property damage, personal injury, death, or other civil claims made by noncontractual third parties arising from the design decisions or professional engineering judgment, including decisions relating to the proper scope or inspection of the project, by the awarding authority. This section shall not apply to either of the following situations:
(1) The contractor contracts in whole or in part to design the roadway or project or to provide professional engineering services as to the design of the roadway.
(2) The contractor undertakes to provide design or professional engineering services as to the roadway or project.
(Act 2012-225, p. 414, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-705 - Dangerous Conditions Outside Scope of Project.

Section 6-5-705
Dangerous conditions outside scope of project.
The contractor shall bear no civil liability for any dangerous condition that is outside of the scope of the project or that is in excess of any requirement of the governing plans and specifications provided by the awarding authority. This section shall not apply to either of the following situations:
(1) The contractor contracts to design in whole or in part the roadway or project or to provide professional engineering services as to the design of the roadway.
(2) The contractor undertakes to provide services as to the roadway or project that are outside the scope of the project or that are in excess of any requirement of the governing plans and specifications.
(Act 2012-225, p. 414, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-706 - Improper Maintenance Following Conclusion of Project.

Section 6-5-706
Improper maintenance following conclusion of project.
A contractor shall bear no civil liability to a claimant for personal injury, property damage, or death which occurs subsequent to the conclusion of the project where the proximate cause of the personal injury, property damage, or death is occasioned by a failure of the awarding authority to properly maintain the roadway or any of its features, including shoulders, unless either:
(1) A contractor contracts in whole or in part with the awarding authority to maintain the roadway, or any of its features, including shoulders, or project in question.
(2) The contractor undertakes, independent of a contract, to maintain a roadway or any of its features, including shoulders.
(Act 2012-225, p. 414, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-707 - Damage to Property of Utility.

Section 6-5-707
Damage to property of utility.
Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on which the contractor performed the construction, repair, or maintenance.
(Act 2012-225, p. 414, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-708 - Accrual of Action.

Section 6-5-708
Accrual of action.
This article shall only apply to a cause of action which accrues after April 24, 2012. Pursuant to this article, a cause of action accrues at the time of property damage or the occurrence of the personal injury or death that is made the basis of the civil action.
(Act 2012-225, p. 414, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36 - Civil Liability of contractors.. › Section 6-5-709 - Construction of Article.

Section 6-5-709
Construction of article.
Nothing in this article shall be interpreted or construed to alter or affect the rights of any awarding authority to make a claim against a contractor or to exempt a contractor from compliance with all provisions of contracts between such contractors and an awarding authority.
(Act 2012-225, p. 414, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36A - Liability for Construction Monitoring Services. › Section 6-5-711 - Exemption From Civil Liability for Certain Professional Firms and Employees Providing Construction Monitoring Services.

Section 6-5-711
Exemption from civil liability for certain professional firms and employees providing construction monitoring services.
The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm nor any of its employees that provide construction monitoring services on behalf of an awarding authority relating to the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure shall be civilly liable in tort or otherwise for property damage, personal injury, or death resulting from construction monitoring services that substantially comply with the professional firm's construction monitoring services requirements for the awarding authority related to the plans and specifications in determining compliance of the contractor's work with the plans and specifications.
(Act 2013-401, p. 1538, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 36A - Liability for Construction Monitoring Services. › Section 6-5-712 - Construction and Application of Article.

Section 6-5-712
Construction and application of article.
(a) This article is not applicable to the extent that a professional firm or its employees are engaged by an awarding authority solely to design and/or prepare the engineering plans and specifications for a public or private infrastructure.
(b) This article is not applicable to the extent that a professional firm or its employees performing construction monitoring services are also engaged by an awarding authority to prepare the engineering plans for that project, or are otherwise providing additional services on that project, and to the extent that a deficiency in such plans or additional services proximately causes property damage, personal injury, or death to a third party with whom the professional firm is not in privity of contract.
(c) This article does not replace or supersede existing burdens of proof or defenses in professional liability actions concerning construction monitoring services.
(Act 2013-401, p. 1538, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-731 - Definitions.

Section 6-5-731
Definitions.
For purposes of this article, the following words have the following meanings:
(1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.
(2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION. A condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption.
(3) KNOWING AND WILLFUL. Conduct in violation of federal or state law which meets both of the following criteria:
a. The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers.
b. The conduct constituting the violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.
(4) OTHER PERSON. Any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.
(Act 2012-556, p. 1636, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-732 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Exemptions From Civil Actions.

Section 6-5-732
Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exemptions from civil actions.
Except as exempted in Section 6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined at Section 201(f) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §321(f), or an association of one or more such entities, shall not be subject to any civil action for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
(Act 2012-556, p. 1636, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-733 - Claims Arising From Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Permitted Civil Actions.

Section 6-5-733
Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Permitted civil actions.
Section 6-5-732 shall not preclude a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food (1) includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by statute or rule of this state or the United States of America, and the claimed injury was proximately caused by such violation; or (2) is based on any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, and the claimed injury was proximately caused by such violation.
(Act 2012-556, p. 1636, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-734 - Pleading Requirements; Stay of Discovery.

Section 6-5-734
Pleading requirements; stay of discovery.
(a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following:
(1) The statute, rule, or other law of the state or of the United States that allegedly creates the cause of action.
(2) Each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action.
(3)a. The exemption under subsection (a) being relied upon and the specific facts that allegedly demonstrate that the violation of the statute, rule, or other law in subdivision (1) proximately caused actual injury to the plaintiff.
b. In any action exempted under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers. For purposes of applying this article, the pleading requirements in this subsection are deemed part of the substantive law of the state and not merely in the nature of procedural provisions.
(b)(1) In any action exempted under Section 6-5-733, the obligation of any party or non-party to make disclosures of any kind under any applicable rule or order, or to respond to discovery requests of any kind, as well as all proceedings unrelated to adjudicating a motion to dismiss, shall be stayed prior to the time for filing a motion to dismiss and during the pendency of any such motion unless the court finds upon motion of any party that a response to a particularized discovery request is necessary to preserve evidence or to prevent undue prejudice to that party.
(2) Unless otherwise ordered by the court, during the pendency of any stay of discovery pursuant to this section, the responsibilities of the parties with regard to the treatment of all documents, data compilations, including electronically recorded or stored data, and tangible objects shall be governed by applicable rules of civil procedure. A party aggrieved by the failure of an opposing party to comply with this subdivision shall have the applicable remedies made available by such applicable rules, provided that no remedy shall be afforded that conflicts with the terms of this subdivision.
(Act 2012-556, p. 1636, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-735 - Construction of Article.

Section 6-5-735
Construction of article.
(a) Nothing in this article shall be construed to create any claim, right of action, or civil liability that did not previously exist under the law of this state.
(b) Nothing in this article shall be construed to interfere with any agency's exclusive or primary jurisdiction to find or declare violations of an adulteration or misbranding statute or rule.
(Act 2012-556, p. 1636, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 37 - Commonsense Consumption Act. › Section 6-5-736 - Application of Article.

Section 6-5-736
Application of article.
The provisions of this article shall apply to all covered claims pending on May 23, 2012, and all claims filed thereafter, regardless of when the claim arose.
(Act 2012-556, p. 1636, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-750 - Short Title.

Section 6-5-750
Short title.
This article shall be known and may be cited as the Alabama Commercial Aviation Business Improvement Act of 2013.
(Act 2013-73, p. 148, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-752 - Definitions.

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 an action against a manufacturer arising out of an accident.
(6) MANUFACTURER. A manufacturer or assembler of commercial aviation aircraft or of any new component, system, subassembly, or other part of such aircraft, in its capacity as a manufacturer or assembler.
(7) REPOSE PERIOD. Twelve years with respect to commercial aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft.
(8) TYPE CERTIFICATE. A type certificate issued under Section 44704(a) of Title 49 of the United States Code or any other predecessor federal statute, or another airworthiness authority.
(Act 2013-73, p. 148, §3; Act 2014-346, p. 1289, §1(b)(1).)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-753 - Commencement of Action.

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 new component, system, subassembly, or other part that replaced another component, system, subassembly, or other part originally in, or that was added to, the aircraft, and that is alleged to have been a proximate cause of an accident, after the applicable repose period beginning on the date of completion of the replacement or addition.
(c) If a cause of action accrues prior to the expiration of the repose period, an action may be brought within two years of accrual even though it extends beyond the repose period.
(d) Subsection (b) does not apply to any of the following circumstances:
(1) The claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration or other airworthiness authority, or concealed or withheld from the Federal Aviation Administration or other airworthiness authority, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm that the claimant allegedly suffered.
(2) The person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident.
(3) An action is brought under a written warranty enforceable under law but for the operation of this section.
(Act 2013-73, p. 148, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-754 - Choice of Forum.

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 if the claimant is a resident of this state.
(2) The location where the acts or occurrences giving rise to the action occurred.
(3) The convenience of the parties and witnesses.
(4) The interests of justice.
(d) If upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, the court must dismiss the action without prejudice. Dismissal may be conditioned upon the defendant filing with the court a consent (1) to submit to jurisdiction in the identified forum, or (2) to waive any statute of limitations defense not already existing if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.
(e) An order denying a motion to dismiss under this section shall be immediately appealable, as a matter of right, upon filing of a notice of appeal in accordance with the Alabama Rules of Appellate Procedure.
(Act 2013-73, p. 148, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-755 - Recovery; Contribution.

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 the accident, and, absent a showing of good cause, identifies the nonparty, if known, or describes the nonparty as specifically as practicable, either by motion or responsive pleading when defenses are first presented or in accordance with the Alabama Rules of Civil Procedure governing supplemental and amended pleadings.
(2) The defendant proves at trial, by a preponderance of the evidence, that the act or failure to act of the nonparty was a proximate cause of the accident in whole or in part.
(d) Regarding a party or nonparty joint tortfeasor or tortfeasors who has not settled with the plaintiff and whose comparative responsibility for the accident has been determined under the procedure described in subsection (b) or subsection (c), a defendant found liable and who has paid the plaintiff an amount in excess of defendant's percentage of comparative responsibility shall be entitled to recover contribution in such excess amount from the joint tortfeasor or tortfeasors according to the percentage of its responsibility so determined. In such a circumstance, contribution among joint tortfeasors is allowed.
(e) Regarding any joint tortfeasor, whether a party or nonparty in the action, who has settled with the plaintiff, a defendant is entitled to elect either informing the trier of fact of the terms of the pro tanto settlement and admitting such settlement into evidence, or choosing a post-judgment setoff by the trial court of the amount of such settlement against the amount of the judgment in the manner permitted by Alabama law.
(f) This section does not apply to contract actions, nor does it limit or abridge the contractual rights of a party.
(Act 2013-73, p. 148, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 38 - Alabama Commercial Aviation Business Improvement Act of 2013. › Section 6-5-756 - Application of Article.

Section 6-5-756
Application of article.
This article shall apply to any action filed after April 4, 2013.
(Act 2013-73, p. 148, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-771 - Definitions.

Section 6-5-771
Definitions.
For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:
(1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes.
(2) PERSON. A natural person or a deceased natural person who at any time resided in this state or died while in this state or whose estate is, or was, probated in any county in this state.
(3) RIGHT OF PUBLICITY. There is a right of publicity in any indicia of identity, both singular and plural, of every person, whether or not famous, which right endures for the life of the person and for 55 years after his or her death, whether or not the person commercially exploits the right during his or her lifetime. The right is freely transferable and descendible, in whole or in part, and shall be considered property of the estate of the decedent unless otherwise transferred.
(Act 2015-188, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-772 - Liability for Use of Indicia of Identity Without Consent.

Section 6-5-772
Liability for use of indicia of identity without consent.
(a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person’s rights.
(b) Liability may be found under this section without regard as to whether the use is for profit or not for profit.
(Act 2015-188, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-773 - Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action.

Section 6-5-773
Relation to free speech; fair use; resale of lawfully-obtained products; commencement of action.
(a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901.
(b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia of identity is in connection with a news, public affairs, or public interest account, political speech or a political campaign, live or prerecorded broadcast or streaming of a sporting event or photos, clips, or highlights included in broadcasts or streaming of sports news or talk shows, or documentaries, or any advertising or promotion of the same (public interest work), or is part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, film, television program, radio program or the like (artistic work), or any advertising or promotion of the same, unless the claimant proves, subject to subsection (a), that the use in an artistic work is such a replica as to constitute a copy of the person's indicia of identity for the purposes of trade.
(c) With respect to advertising and promotion of public interest works and artistic works, except for the advertising or promotion of a public interest work itself as permitted by subsection (b), it shall not be deemed a fair use if the claimant proves that his or her indicia of identity has been directly connected to and affirmatively used in a commercial manner to advertise, promote, or endorse a product, good, or service.
(d) The commercial use of a person's indicia of identity in a commercial medium does not constitute a violation of Section 6-5-772 if the material containing the commercial use is authorized by the person or the person's authorized representative or agent for commercial sponsorship or paid advertising.
(e) It is not a fair use and is a violation of Section 6-5-772 if a person's indicia of identity is used, without such person's permission, in a manner stating or implying that such person has endorsed or supports a candidate for public office.
(f) Those who lawfully obtain authorized products containing indicia of identity are not liable under this section for their resale of such products.
(g) Any action brought pursuant to this article shall be commenced within two years from the act or omission giving rise to the claim. If the cause of action is not discovered and could not reasonably have been discovered within that time 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. In no event may the action be commenced more than four years after the act or omission giving rise to the claim.
(Act 2015-188, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 39 - Alabama Right of Publicity Act. › Section 6-5-774 - Remedies.

Section 6-5-774
Remedies.
A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:
(1) Monetary relief. The measure of damages shall be:
a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant’s profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section.
b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law.
(2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief.
(Act 2015-188, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-790 - Legislative Findings.

Section 6-5-790
Legislative findings.
The Legislature finds and declares the following:
(1) Providing reasonable protections from the risk and expense of lawsuits to businesses will help encourage businesses to remain open and reopen and that providing such a safe harbor to businesses that operate reasonably consistent with applicable public health guidance will help ameliorate the social harms of a closed economy and the resulting unemployment.
(2) The Coronavirus has put, and will continue to put, a significant strain on health care facilities, health care providers, and health care resources of this state; the Coronavirus has undermined, and will continue to undermine, the ability to deliver patient care in the traditional, normal, or customary manner; and our health care facilities, health care professionals, and their supporting workers need protection to respond to this pandemic and to do what they can do to continue to provide treatment and services for the people of Alabama.
(Act 2021-4, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-792 - Liability of Covered Entity for Damages, Injury, or Death

Section 6-5-792
Liability of covered entity for damages, injury, or death
(a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or omission of the covered entity.
(b) Subsection (a) does not apply if the claimant proves by clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct.
(c) In those instances where liability is established as required by subsection (b), and the acts or omissions do not result in serious physical injury, a covered entity's liability shall be limited to actual economic compensatory damages, and in no event shall the covered entity be liable for noneconomic or punitive damages.
(d) A party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages.
(Act 2021-4, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-793 - Liability of Covered Entity for Negligence, Premises Liability, etc., Under Certain Claims or Causes of Action.

Section 6-5-793
Liability of covered entity for negligence, premises liability, etc., under certain claims or causes of action.
(a) This section applies to both of the following causes of action that accrue before the effective date of this article:
(1) A health emergency claim for which a court holds that neither Section 6-5-792 nor the liability limiting provisions of any gubernatorial emergency order applies.
(2) Any cause of action relating to an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic, for which a court holds that neither Section 6-5-794 nor the liability limiting provisions of any gubernatorial emergency order applies.
(b) For any health emergency claim or cause of action under subsection (a), the following provisions shall apply:
(1) Notwithstanding any other provision of law, as a matter of law, a covered entity shall not be liable for negligence, premises liability, or for any non-wanton, non-willful, or non-intentional civil cause of action to which this section applies, unless the claimant shows by clear and convincing evidence that the covered entity did not reasonably attempt to comply with the then applicable public health guidance.
(2) Notwithstanding any other provision of law, for a cause of action to which this section applies, a covered entity shall not be liable for damages from mental anguish or emotional distress or for punitive damages, but may be liable for economic compensatory damages in a cause of action that does not involve serious physical injury.
(3) This section does not prohibit an award of punitive damages for wrongful death claims, but no other damages shall be allowed for such claims.
(Act 2021-4, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-794 - Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims.

Section 6-5-794
Liability of health care provider for damages, injury, or death under certain health emergency claims.
(a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic.
(b) If a court determines that the immunity afforded in this section does not apply to a health care provider, this section may not be construed to supersede, amend, or modify any other law, emergency proclamation, order, rule, or governing legal standards or procedures for health care providers relating to the performance or provision of health care services or treatment provided by the health care provider, including the Alabama Medical Liability Act of 1987 or the Medical Liability Act of 1996, or any amendment to or judicial interpretation thereof.
(c) In those instances where liability is established as required by subsection (a), and the acts or omissions do not result in serious physical injury, a health care provider’s liability shall be limited to actual economic compensatory damages, and in no event shall the health care provider be liable for noneconomic or punitive damages.
(Act 2021-4, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-795 - Application of Article.

Section 6-5-795
Application of article.
Nothing in this article shall be construed to preempt, remove, displace, repeal, or limit in any way any immunity, defense, or right that exists under existing law that would be applicable to any covered entity in a cause of action filed on or after March 13, 2020. This section confirms that the immunity provided by this article is in addition to and cumulative of any other immunity, defense, and right that exists under law.
(Act 2021-4, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-796 - Construction With Other Provisions.

Section 6-5-796
Construction with other provisions.
This article shall be construed in pari materia with the Emergency Management Act and with any emergency order or proclamation of the Governor relating to Coronavirus and immunity from civil lawsuits.
(Act 2021-4, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-797 - Filing of Claims.

Section 6-5-797
Filing of claims.
A health emergency claim under Section 6-5-792 or a claim under Section 6-5-793 or 6-5-794 must be filed not later than two years after the date of the damages, injury, or death.
(Act 2021-4, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-798 - Relation to Workers' Compensation Act.

Section 6-5-798
Relation to Workers' Compensation Act.
This article does not affect the right of any person to receive or claim benefits otherwise available under the Workers' Compensation Act.
(Act 2021-4, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 40 - Liabilities of Covered Entities During Coronavirus Pandemic. › Section 6-5-799 - Termination of Immunity and Other Provisions of Article.

Section 6-5-799
Termination of immunity and other provisions of article.
The immunity and other provisions provided in this article shall terminate December 31, 2021, or one year after a declared health emergency relating to Coronavirus expires, whichever is later, except that any civil liability arising out of acts or omissions related to health emergency claims or claims under Section 6-5-794 where the act or omission occurred during the operation of this article shall be subject to the provisions of this article in perpetuity.
(Act 2021-4, §12.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-1 - Duty of Courts to Encourage Settlement of Pending Controversies.

Section 6-6-1
Duty of courts to encourage settlement of pending controversies.
It is the duty of all courts to encourage the settlement of controversies pending before them by a reference thereof to arbitrators chosen by the parties or their attorneys and, on motion of the parties, must make such order and continue the case for award.
(Code 1852, §2709; Code 1867, §3148; Code 1876, §3536; Code 1886, §3221; Code 1896, §508; Code 1907, §2908; Code 1923, §6156; Code 1940, T. 7, §829.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-2 - Reference of Controversy When No Action Pending to Arbitrators.

Section 6-6-2
Reference of controversy when no action pending to arbitrators.
When no action is pending, the parties to any controversy may refer the determination thereof to the decision of arbitrators to be chosen by themselves, and the award made pursuant to the provisions of this division must be entered up as the judgment of the proper court if the award is not performed.
(Code 1852, §2710; Code 1867, §3149; Code 1876, §3537; Code 1886, §3222; Code 1896, §509; Code 1907, §2909; Code 1923, §6157; Code 1940, T. 7, §830.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-3 - Statement of Dispute; Naming of Arbitrators; Delivery of Submission With List of Witnesses.

Section 6-6-3
Statement of dispute; naming of arbitrators; delivery of submission with list of witnesses.
The parties must concisely state in writing, signed by them, the matter in dispute between them and that they desire to leave the determination thereof to certain persons, naming them as arbitrators; and such submission must be delivered to the arbitrators, or one of them, together with a list of the witnesses either party may desire to examine.
(Code 1852, §2711; Code 1867, §3150; Code 1876, §3538; Code 1886, §3223; Code 1896, §510; Code 1907, §2910; Code 1923, §6158; Code 1940, T. 7, §831.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-4 - Arbitrators - Duties Generally.

Section 6-6-4
Arbitrators - Duties generally.
It is the duty of the arbitrators to appoint a time and place for hearing the parties and making their award, of which they must give the parties three days' notice; and if no cause is shown for a continuance, they must proceed to hear and determine the matters referred to them and make their award in writing, which must be signed by them and a copy thereof be delivered to each of the parties, their agents, or attorneys and the fact and date of such delivery endorsed on the original.
(Code 1852, §2712; Code 1867, §3151; Code 1876, §3539; Code 1886, §3224; Code 1896, §511; Code 1907, §2911; Code 1923, §6159; Code 1940, T. 7, §832.)