Contributory Negligence in Alabama

Jun 30, 2025 - Personal Injury by Cross & Smith

Personal injury law in Alabama, also known as tort law, seeks to address the issue of compensation for plaintiffs injured in automobile accidents, swimming pool accidents,  motorcycle accidents, and similar accidents. It provides a framework for determining liability and recovering damages for medical costs, lost wages, other out-of-pocket costs, emotional distress, loss of companionship, and other types of harm.

In order to prove a personal injury, a plaintiff must show that the injury was caused by the negligence or willful misconduct of another party. These four elements must be proven to prevail in your case:

• The defendant owed you a duty of care – in most situations, people have a duty of care  not to cause harm to others
• The duty of care was breached through failure to meet the standard of care 
• The breach was the direct cause of your injuries
• Your injuries are compensable

It’s frequently the case that an accident is the result of negligence on the part of both the plaintiff and the defendant, even though one party has greater fault than the other party. Here are a couple of examples:

• In a car accident, one party rear-ended another party’s car, but the car in front had a broken taillight
• In a slip and fall case, a plaintiff slipped on a wet floor in a home improvement store, but the plaintiff was texting at the time and not fully paying attention
• In a motorcycle accident, the plaintiff failed to wear a motorcycle helmet, in violation of Alabama’s helmet law; however, the defendant lost control of his car, causing it to hit the plaintiff

How is fault apportioned in these types of cases? The answer is of crucial importance because Alabama has an extremely strict law regarding contributory negligence. Specifically, if you are found to be at fault at all, even by 1%, you will be barred from recovering any money from the defendant. 

How Fault Is Apportioned

How does the so-called “finder of fact,” the judge or jury, apportion fault? They do so by considering the totality of the evidence. They will look at photographs of the accident, surveillance videos, and eyewitness testimony. They will review the medical records of the plaintiff and defendant. They will use other forensic methods to determine what happened and identify the party primarily at fault. 

It’s important to be aware that it’s possible to challenge a fault apportionment that you disagree with. You can dispute the fact finder’s assessment of the physical evidence. Your attorney will explore legal theories such as the last clear chance doctrine or argue that the actions of the other party were wanton or reckless. 

Contributory Negligence in Alabama v. Other States’ Rules

All states have adopted laws and rules that attempt to apportion fault in personal injury cases. Those laws are divided into contributory negligence and comparative negligence.

Alabama’s law is one of pure contributory negligence. Although it seems unfair, a plaintiff who is found to be negligent in any degree will be barred from recovering damages. In other words, the defendant must be 100% responsible for the accident or injury for a plaintiff to recover. This is an antiquated legal doctrine, with its origin in English common law,  that is also shared by Maryland, North Carolina, Virginia, and the District of Columbia. (Recently, the District of Columbia adopted an exception to this rule and now uses a modified contributory negligence standard for lawsuits brought by pedestrians or bicyclists.) 

Except for Alabama, Maryland, North Carolina, Virginia, and D.C., all other states have replaced the contributory negligence standard with a comparative negligence standard due to the harshness of the pure contributory negligence rule.  

In the pure comparative negligence jurisdictions, your monetary recovery is reduced by the percentage of your negligence. For example, if you were determined to be 30% at fault, and the defendant 70% at fault, your recovery would be reduced by 30%. 

In the states that use the “modified comparative negligence 50% rule,” you may only recover if your negligence is less than 50%. In the states that use the “modified comparative negligence 51% rule,” you may only recover if your negligence is less than 51%. 

Exceptions to Alabama’s Contributory Negligence Rule

There are several exceptions to Alabama’s contributory negligence laws. The first is that a person younger than 14 cannot be contributorily negligent. The comparison to adult negligence is key. Legal adults are capable of processing risk hazards and upholding a duty of care to others and themselves in a way that children are not.

The second exception is that people who are deemed to be mentally challenged or incompetent are not capable of being negligent. Proving that a plaintiff is mentally incompetent or challenged may be difficult in a number of situations. Your Tuscaloosa personal injury attorney can help you understand if you or a loved one might be able to take advantage of this exception. 

In some cases, contributory negligence may not apply in product liability lawsuits. Product liability cases refer to injuries or illnesses that occur because of a defective or hazardous product. These cases establish a strict liability tort rule, which imposes greater liability on the manufacturer because their product was sold in the public market and should have been tested for potential hazards to prevent harm to the general consumer population. Alabama has adopted its own version of strict liability. In Alabama, product liability claims are brought pursuant to the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD).

Finally, some plaintiffs may be able to use the “last clear chance” rule as a defense against contributory negligence claims. In such a case, if the defendant had the last opportunity to prevent the accident from happening, the defendant may be held liable for their negligence even if the plaintiff was partly responsible.

Contact a Tuscaloosa Personal Injury Attorney as Soon as Possible

At Cross & Smith, we have negotiated, mediated, and litigated hundreds of personal injury claims. Our depth of experience and knowledge make us the law firm to call if you’ve been injured by the negligence of another party. Contact us today to see how we can help you.