Section 6-5-170 - Definition, Ala. Code § 6-5-170 (2024)

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Section 6-5-170 - Definition, Ala. Code § 6-5-170? ›

Section 6-5-170 - Definition. Universal Citation: AL Code § 6-5-170 (2020) Section 6-5-170. Definition. False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.

(a) In any action for injury whether in contract or in tort against a health care provider based on a breach of the standard of care, the injured plaintiff and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, ...

A breach of the standard of care is the failure by a health care provider to comply with the standard of care, which failure proximately causes personal injury or wrongful death.

Section 6-5-71 - Right of action of wife, child, parent, or other person for injury in consequence of illegal sale or disposition of liquor or beverages. Section 6-5-71Right of action of wife, child, parent, or other person for injury in consequence of illegal sale or disposition of liquor or beverages.

The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title.

If plaintiff alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for ...

Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action.

A legal service liability action embraces all claims for injuries or damages or wrongful death whether in contract or in tort and whether based on an intentional or unintentional act or omission.

(a) A “product liability action” means 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 ...

No dental association or dental society, chiropractic association or chiropractic society, or state medical association or county medical society shall be liable for damages for any action taken or recommendation made by a review committee or any member of said committee or consultants or employees to said committee.

What is ALA code Ann 6 5 200? ›

Section 6-5-200 - When title to land conferred or defeated; when claim may be defended or prosecuted; construction of section (a) Adverse possession cannot confer or defeat title to land unless: (1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly ...

Alabama statute §6-5-462 states certain types of legal claims survive beyond an individual's death, including: Any action that has been filed, or when no action has been filed, for an express or implied contract claim.

Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a right of action. Mere concealment of such a fact, unless done in such a manner as to deceive and mislead, will not support an action.

Section 6-5-102 of the Code of Alabama provides: “Suppression of a material fact which the party is under an obligation to communicate constitutes fraud.

2006 Alabama Code - Section 6-5-260 — Deprivation of owner of possession.

(a) When the death of a minor child is caused by the wrongful act, omission, or negligence of any person, persons, or corporation, or the servants or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the father and mother are both dead or if they decline to commence the action, or fail ...

Code § 6-5-548(a), which requires a healthcare provider to “exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.”SeeCrutcher v.

All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

Section 6-5-101Fraud - Misrepresentations of material facts. Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.

Section 6-5-104 - Deceit - Fraudulent deceit (a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.

What is ALA code 6 5 251? ›

(a) The possession of the land must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been made by, or on behalf of, the purchasers ...

Current through Act 218 of the 2023 Regular Session. In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the alleged defamatory matter was published or spoken of the plaintiff. Code 1923, §7357; Code 1940, T.

The redemption of property that has been foreclosed upon is governed by § 6-5-253, Ala. Code 1975. That section requires a redemptioner to pay "lawful charges," which include the value of "[p]ermanent improvements." § 6-5-253(a)(1).

Section 6-5-380 makes the parent or guardian liable for the "injury to, or destruction of" someone else's property—real or personal property—caused by the intentional, willful, or malicious act or acts of the minor.

No action or proceeding shall be open to objection on the ground that a declaratory judgment is requested.

A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state.

(Ala. Code § 6-5-248(h).) If the notice isn't mailed to the homeowners at least 30 days before the foreclosure sale, they get 180 days to redeem the homestead property from the date the notice is provided. But the homeowners can't redeem more than one year after the sale.

(a) All decisions shall be communicated to the provider within a time period reasonably calculated to accommodate the clinical urgency of the situation.

Section 6-5-332.3 - Use of Automated External Defibrillator. Use of automated external defibrillator.

Alabama's Good Samaritan Act

Section 6-5-332 gives non-trained and trained responders immunity to lawsuits during an emergency. You cannot sue a good Samaritan who acted in good faith to render aid to a victim during an emergency for injury or death of the victim.

What is ALA Code 1975 6 5 221? ›

Ala. Code § 6-5-221 (1975). Under the statute, a cause of action is deemed to accrue, or arise, where the damage is latent “at the time the damage or injury is or in the exercise of reasonable diligence should have been first discovered, whichever is earlier.” Id.

Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be ...

Section 5-19-6 Copies of instruments signed by debtors to be furnished to debtors; required statement in contracts, etc.; limitation on disclosure requirements; intent, applicability of limitation.

Section 6-11-21 - Punitive damages not to exceed certain limits (a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the ...

Code § 6-5-170. Current through Act 218 of the 2023 Regular Session. False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.

6-5-390, when a child is injured, the child's parents have an equal right to bring a claim on their behalf. In general, a child can disclaim the settlement upon reaching adulthood.

If a contract is entire, only one action can be commenced for breach thereof; but if it is severable or if the breaches occur at successive periods in an entire contract, as where money is to be paid by installments, an action will lie for each breach; provided, that all the breaches occurring up to the commencement of ...

Article 23 - Death. Section 6-5-410 - Wrongful act, omission, or negligence causing death.

Section 6-6-394.1 - Notice of a garnishment (a) Should service of notice of a garnishment on a judgment in which an appearance has not been entered for the defendant be returned not found or otherwise not accomplished, service of the notice of garnishment may be perfected by the posting and mailing of the notice upon ...

See § 6-9-191. This presumption "is a substantial statutory right accorded the debtor in a stale judgment as a shield to defeat recovery until opposing evidence is reasonably sufficient in the opinion of the court to overcome it." Gambill v. Cassimus, 247 Ala. 176, 178, 22 So.

What is Alabama Code 6 5 70? ›

Either parent of a minor, guardian, or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may assess, provided the person selling or ...

(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction. (2) MORTGAGE.

A person who goes upon the premises of another without permission or invitation, expressed or implied, or who, after rightfully entering upon the premises of another, remains on the premises after consent or license to enter or use the premises has been terminated.

Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written demand, furnish the person making the demand with ...

Chapter 6 - Remedies. Article 7 - Ejectment. Section 6-6-280 - Election to Proceed by Action of Ejectment or Action in Nature of Ejectment; Proceedings Upon Action in Nature of Ejectment. Section 6-6-281 - Recovery of Lands by or in Name of State for Schools or Other Educational or Governmental Institutions.

Current through Act 218 of the 2023 Regular Session. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

Section 6-9-192Revival of judgment of district or circuit court when execution did not issue.

Section 25-5-77 Expenses of medical and surgical treatment, vocational rehabilitation, medicine, etc.; medical examinations; review by ombudsman of medical services. Section 25-5-78 Written notice to employer of accident - Required.

No bank, director, officer, employee or agent thereof shall be held civilly or criminally responsible for disclosure of financial records pursuant to a subpoena, summons, warrant or court order which on its face appears to have been issued upon lawful authority.

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.

What is ALA code 6 5 251 A? ›

(a) The possession of the land must be delivered to the purchaser or purchaser's transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been made by, or on behalf of, the purchasers ...