SB238 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

Vivian Davis Figures

Session

Regular Session 2013

Title

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

Summary

Alabama SB238 creates a time-limited liability framework for civil actions against manufacturers of commercial aviation aircraft and parts, including a 12-year repose, a 2-year statute of limitations, and specific forum and fault rules.

What This Bill Does

It establishes a two-year filing deadline after a cause of action accrues and a twelve-year repose period from delivery or replacement of parts, with a savings provision allowing actions within two years of accrual if accrual occurs during the repose. It defines key terms (like commercial aviation aircraft and manufacturer) and adopts Alabama's forum non conveniens rules, giving deference to a resident claimant's forum choice and allowing an immediate appeal of denial to dismiss. It preserves joint and several liability for plaintiffs and sets up fault allocation among defendants (and possibly nonparties) with special verdicts, while allowing for contribution and settlements, and it applies prospectively with severability and immediate effectiveness.

Who It Affects

• Manufacturers or assemblers of commercial aviation aircraft and their component parts; they would face a two-year window to sue after accrual, a twelve-year overall cap, defined liability rules, and fault/contribution processes.
• Injured individuals, estates, or other claimants arising from aviation accidents; they gain a defined two-year filing period within a twelve-year window, potential access to fora outside Alabama under forum non conveniens rules, and preserved rights to recover against liable parties under the new fault allocation and contribution provisions.

Key Provisions

• Two-year statute of limitations for death or injury to a person or damage to property arising from accidents involving commercial aviation aircraft or components.
• Twelve-year repose period from delivery to the first purchaser (or replacement/addition of a component) during which actions are barred, with a savings clause allowing a suit to be filed within two years of accrual if accrual occurs within the repose period.
• Definitions for terms such as accident, aircraft, airworthiness certificate, commercial aviation aircraft, manufacturer, defendant, and repose period.
• Adoption of Alabama forum non conveniens rules with deference to a resident claimant's forum choice and a right to immediately appeal a denial of a forum non conveniens dismissal; potential dismissal to a more appropriate forum with conditions for consent or waiver of limitations defense.
• Right to bring claims involving accidents outside Alabama in Alabama courts, with forum non conveniens considerations including claimant's residence, location of acts, convenience, and justice.
• Retention of joint and several liability for plaintiffs against liable defendants, with allocation of fault among defendants (and possible nonparties) and special verdicts or findings of each defendant's responsibility.
• Authority to allocate responsibility to nonparties under specified conditions and to allow contribution among joint tortfeasors when one defendant pays more than its share.
• Provisions for settlements with joint tortfeasors, including evidentiary admission of terms or post-judgment setoffs against the judgment.
• Applicability to actions filed after the act’s effective date, with severability and immediate effectiveness after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Aircraft