SB238 Alabama 2013 Session

This bill would apply to liability actions against manufacturers of commercial aviation aircraft having a seating capacity of 100 or more passengers at the time of certification by the Federal Aviation Administration and their component parts, as defined as aircraft

This bill would apply to matters arising from accidents involving commercial aviation aircraft and would provide for: (1) a two-year statute of limitations and a 10-year statute of repose with a savings clause; (2) application of Alabama's standard forum non conveniens rules, but recognizing deference given only to residents of this state regarding choice of forum and providing for the right to appeal an order denying a motion to dismiss under forum non conveniens; and (3) the right of contribution among joint tortfeasors, while preserving the right of a prevailing plaintiff to recover jointly and severally from liable defendants

To apply to civil actions against manufacturers of commercial aviation aircraft and their component parts arising out of or relating to accidents involving such aircraft; to define commercial aviation aircraft, manufacturer, accident, and related terms; to state certain legislative findings, intent, and purpose; to establish a two-year statute of limitations for all such actions; to establish a 10-year statute of repose regarding such actions with a savings clause and certain exceptions; to adopt Alabama's existing rules of forum non conveniens, but recognizing deference to the choice of forum only of a resident of this state and to add the right to immediately appeal an order denying a forum non conveniens motion to dismiss; to provide for the right of contribution among joint tortfeasors regarding such actions, while preserving the right of a prevailing plaintiff to recover jointly and severally from liable defendants; and to provide for severability and prospective application of this act.