How does comparative fault work in Alabama?
1. Negligence Elements. Alabama negligence requires duty, breach, proximate cause, and damages (Albert v. Hsu, 602 So.2d 895). Duty derives from relationship or foreseeable risk.
2. Comparative Fault Regime — Pure Contributory Negligence. Alabama is one of only four states (plus DC) retaining pure contributory negligence: any negligence by the plaintiff that proximately contributes to the injury, however slight, completely bars recovery. Williams v. Delta Int'l Mach. Corp., 619 So.2d 1330 (Ala. 1993) refused to adopt comparative fault, deferring to legislature; Golden v. McCurry, 392 So.2d 815 reaffirmed. APJI 30.00 et seq. The Alabama Supreme Court has revisited the issue multiple times and consistently declined.
3. Joint and Several Liability. Alabama retains pure joint and several liability for joint tortfeasors. Each defendant may be held liable for the full judgment. Contribution among joint tortfeasors is generally not permitted in Alabama (Crigler v. Salac, 438 So.2d 1375) — a unique rule. Indemnity is available only between actively/passively negligent parties.
4. Last Clear Chance / Sudden Emergency. Subsequent negligence doctrine (Alabama's version of last clear chance) — Williams v. Woodman, 424 So.2d 611 — allows recovery where defendant discovered plaintiff's peril and could have avoided harm. Wantonness (reckless disregard) is a separate cause of action under Ala. Code § 6-11-20 that defeats contributory negligence (Lynn Strickland Sales v. Aero-Lane Fabricators, 510 So.2d 142). Sudden emergency remains.
5. Settling Tortfeasors. Ala. Code § 12-21-109 — release of one tortfeasor releases all unless reservation; pro tanto credit for settlement payments.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (Ala. Code § 6-2-38). Med-mal SOL is 2 years with 4-year repose (§ 6-5-482). Construction repose is 7/13 years (§ 6-5-218). Product liability SOL is 2 years from discovery, no general repose (rule of repose may apply at 20 years).
7. Caps. Punitive damages capped at greater of 3× compensatory or $1,500,000 (small business: $50,000) under Ala. Code § 6-11-21. Sovereign immunity is near-absolute under Ala. Const. § 14 for the State.
8. Wrongful Death Contributory. Ala. Code § 6-5-410 wrongful death is punitive damages only (unique in U.S.); contributory negligence of decedent does not bar wrongful death recovery (Atchison v. Coffee, 159 Ala. 543) because the action is for punishment of defendant, not compensation.
9. Worker Injuries. Ala. Code § 25-5-52 WC exclusivity. Third-party suits subject to contributory negligence.
This is legal information, not legal advice.
- Any case where defendant will assert contributory negligence — evaluate wantonness and subsequent negligence
- Wrongful death case to capture punitive-only damages framework under § 6-5-410
- Multi-defendant case where Alabama's no-contribution rule affects defense allocation
- Ala. Code § 6-2-38
- Ala. Code § 6-5-410
- Ala. Code § 6-11-21
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.