Negligence in Alabama
State-specific overview · Tort Law
Alabama follows traditional negligence rules with a modified comparative fault system that bars recovery if plaintiff is more than 50% at fault.
How Alabama treats Negligence
Alabama applies the reasonable person standard to determine whether a defendant breached a duty of care. Under Alabama's comparative negligence statute, a plaintiff can recover damages even if partially at fault, but only if their negligence does not exceed the defendant's negligence. If the plaintiff is 50% or more at fault, they are completely barred from recovery. Juries determine the percentage of fault for each party.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Alabama.