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AL HB330

Bill

Status

Introduced

2/21/2013

Primary Sponsor

William Poole

Click for details

Origin

House of Representatives

Regular Session 2013

AI Summary

  • Establishes a 2-year statute of limitations for all civil actions against commercial aviation aircraft manufacturers, with the limitations period running from when a cause of action accrues.

  • Creates a 10-year statute of repose barring actions against manufacturers after 10 years from aircraft delivery to first purchaser or from replacement/addition of component parts, with a savings clause allowing actions filed within 2 years of accrual even if filed beyond the 10-year period.

  • Applies Alabama's forum non conveniens doctrine to claims arising from accidents outside the state, but gives deference to claimant's forum choice only if the claimant is an Alabama resident, and allows immediate appeal of orders denying forum non conveniens motions to dismiss.

  • Preserves plaintiffs' right to recover jointly and severally from liable defendants while allowing defendants to seek contribution from joint tortfeasors based on comparative responsibility percentages determined by jury or court.

  • Applies only to commercial aviation aircraft with seating capacity of 100 or more passengers at time of Federal Aviation Administration certification, and becomes effective immediately upon passage and approval.

Legislative Description

Aircraft, manufacturers of commercial aircraft or aircraft parts, statute of limitations, statute of repose, forum non conveniens provided in civil liability actions, allocation of fault, Alabama Commercial Aviation Business Improvement Act of 2013

Aircraft

Last Action

Poole motion to Indefinitely Postpone adopted Voice Vote

3/14/2013

Committee Referrals

Commerce and Small Business2/21/2013

Full Bill Text

No bill text available