The bill amends the Code of Alabama 1975, specifically Sections 6-5-700 through 6-5-708, to clarify the civil liability of public awarding authorities and their contractors concerning public road construction and maintenance. Key changes include the deletion of an exception that previously protected contractors from liability, thereby enhancing their legal shield against claims. The bill introduces a rebuttable presumption of nonliability for both the awarding authority and its contractors under certain circumstances, shifting the burden of proof in cases of injury or death related to public road projects. Additionally, it establishes specific pleading requirements for complaints regarding such injuries or deaths, redefines terms like "awarding authority," "contractor," and "dangerous condition," and introduces new definitions for "latent defect" and "project."

Furthermore, SB159 introduces a rebuttable presumption that if a vehicle operator engages in prohibited conduct, such as violating traffic laws or exceeding the speed limit by 25 miles per hour, this is presumed to be the proximate cause of any resulting injury or damage. The bill mandates that plaintiffs provide detailed specifications of alleged negligent acts in their complaints and requires amendments to be made at least 90 days before trial if new information arises. It also modifies contractor liability by removing previous exemptions for personal injury or property damage compliance with contract documents, clarifying that contractors are not liable for design decisions made by the awarding authority unless directly involved in the design. The amendments will apply only to causes of action accruing after the act's effective date, which is three months post-passage and approval.

Statutes affected:
Introduced: 6-5-700, 6-5-702, 6-5-703
Engrossed: 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708, 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708
Enrolled: 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708, 6-5-700, 6-5-701, 6-5-702, 6-5-703, 6-5-704, 6-5-705, 6-5-708