2006 Alabama Code - Section 6-2-30 — Commencement of actions - Generally; actions for injuries resulting from exposure to asbestos. (2024)

(a) All civil actions must be commenced after the cause of action has accrued within the period prescribed in this article and not afterwards, unless otherwise specifically provided for in this code.

(b) A civil action for any injury to the person or rights of another resulting from exposure to asbestos, including asbestos-containing products, shall be deemed to accrue on the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action. This subsection shall not apply to or affect in any way, actions referred to in Section 6-5-482.

(Code 1852, §2474; Code 1867, §2898; Code 1876, §3223; Code 1886, §2612; Code 1896, §2793; Code 1907, §4832; Code 1923, §8941; Code 1940, T. 7, §18; Acts 1980, No. 80-566, p. 876, §2.)

Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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As a legal expert with a comprehensive understanding of the topic, I have a demonstrable knowledge of US law, specifically the Alabama Code, Title 6 — Civil Practice, Chapter 2 — Limitation of Actions, and Section 6-2-30 — Commencement of actions. My expertise extends to the nuances of civil actions, including those arising from exposure to asbestos, as outlined in the provided legal text.

The section begins by establishing a general principle in subsection (a) that all civil actions must be initiated within a specified period after the cause of action has accrued, as prescribed in the article. This time limitation is a fundamental aspect of legal proceedings, ensuring that cases are brought forward in a timely manner.

Moving to subsection (b), the code addresses civil actions related to injuries resulting from exposure to asbestos, including asbestos-containing products. It specifies that such actions are deemed to accrue on the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to the civil action. This provision recognizes the unique nature of asbestos-related injuries, where the effects may not be immediately apparent, necessitating a different starting point for the statute of limitations.

It's crucial to note that the subsection includes an exception, explicitly excluding its application to actions referred to in Section 6-5-482. This highlights the importance of cross-referencing various sections within the legal code to fully comprehend the interplay between different statutes and regulations.

To provide historical context, the origin of this provision can be traced back to the Code of 1852, with subsequent amendments and revisions reflecting changes in legal perspectives and societal considerations. Acts in 1980 further modified this section, indicating a responsiveness to evolving legal landscapes and an ongoing effort to refine and adapt legislation.

However, a disclaimer at the end wisely notes that these codes may not represent the most recent version, advising individuals to check official sources for the latest and most accurate information. This disclaimer acknowledges the dynamic nature of legal codes, subject to updates and amendments, and emphasizes the importance of consulting authoritative and current legal resources.

In conclusion, my in-depth knowledge of the Alabama Code, particularly Title 6, Chapter 2, Section 6-2-30, allows me to navigate and interpret the complexities of civil actions, especially those related to asbestos exposure. Understanding the historical evolution of this legal provision and recognizing the need for ongoing verification from official sources are key elements in ensuring accurate legal comprehension and application.

2006 Alabama Code - Section 6-2-30 — Commencement of actions - Generally; actions for injuries resulting from exposure to asbestos. (2024)
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