Alabama Is One of Few Contributory Negligence States
Many states follow the rule of comparative negligence, where fault can be split between a plaintiff and a defendant. An injured party can be partially responsible for their damages but still recover compensation from the more negligent party.
However, this is not the case in Alabama and a handful of other states. Alabama follows the doctrine of contributory negligence. Under this rule, plaintiffs are barred from recovering compensation if they share any degree of fault for their injuries – even just 1%. Contributory negligence sets a high and challenging bar for personal injury plaintiffs, which is why establishing the other party’s complete fault is so important.
What Does Contributory Negligence Mean for Your Personal Injury Claim?
The defendant in your case can claim contributory negligence as a defense to avoid liability. Contributory negligence can apply in any personal injury scenario, such as:
- Car accidents
- Truck accidents
- Slip and falls
- Product liability
- Dog bites
- Wrongful death
Alabama’s contributory negligence doctrine means you must build an airtight case against the party who caused your injuries and demonstrate that you shared no fault in the accident. Doing so might seem daunting, but enlisting the help of a skilled and knowledgeable attorney will give you the best chance of success for your claim.
An attorney can build an airtight case against the party who caused your injuries by gathering evidence of your damages from medical bills, crash reports, photos and video footage, and more. They can also recruit expert witnesses and accident reconstructionists to show you weren’t at fault.
You have limited time to file a claim under Alabama’s statute of limitations – for personal injury claims, the statute is two years from the day of your injury. The faster you seek representation, the better your odds of a successful recovery.
Contributory Negligence Exceptions for Some Cases
Even though the contributory negligence rule is strict, it is not without exceptions. Three significant exceptions include:
- Children under 14 cannot be contributorily negligent
- Children under seven cannot be negligent at all
- Plaintiffs with mental handicaps or incompetence cannot be negligent
Another exception applies to instances of wanton behavior, when a negligent party knows their actions could lead to the harm or injury of someone else. In cases like these, proving the other party’s recklessness could help you recover damages, even if you are partially at fault.
