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 […]
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 […]
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 […]
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 […]
Section 6-5-791 – Definitions.
Section 6-5-791 Definitions. (a) For purposes of this article, the following terms shall have the following meanings: (1) APPLICABLE PUBLIC HEALTH GUIDANCE. Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the type of covered entity and to the […]
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 […]
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 […]
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 […]
Section 6-5-680 – Definitions.
Section 6-5-680 Definitions. For the purposes of this article, the following words shall have the following meanings: (1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: a. The health effects of exposure to asbestos, […]
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 […]