Negligence is often asserted against a defendant in a personal injury case. In Alabama, an affirmative defense to the plaintiff's negligence claim is contributory negligence. If the defendant proves that the plaintiff was contributory negligent, the plaintiff is not entitled to any compensation under the negligence claim. Sometimes, contributory negligence is nothing short of a frivolous defense or “blame game.” Assuming that a plaintiff is contributory negligent, she still may be entitled to compensation under a different theory of liability such as wantonness.
Contributory Negligence in Alabama
This affirmative defense is commonly used by defense lawyers in Alabama. The legal principle of comparative negligence, however, is different and involves assessing the degree to which each person is at fault. The damages are apportioned accordingly. Most US States follow the comparative negligence rule. Unfortunately, plaintiffs in Alabama do not have the benefit of comparative negligence and must often overcome the affirmative defense of contributory negligence.
What Must The Defendant Prove?
The burden is on the defendant to prove any affirmative defense, including contributory negligence. Generally, the defendant must prove the below requirements in order to be successful in proving contributory negligence.
- The plaintiff failed to use reasonable care in preventing harm; and
- The plaintiff's negligence was a cause of her harm.
The specific requirements for a successful contributory negligence defense may vary depending on the type of case or facts involved. For instance, in a product defect case brought under the The Alabama Extended Manufacturers Liability Doctrine ("AEMLD"), if any alleged contributory negligence does not relate to the use of the product, it is not a defense to an AEMLD claim.
The burden for the defendant is the same as the plaintiff's in proving negligence. The defendant must prove contributory negligence to the reasonable satisfaction of the finder of fact. Arguments about the "slightest degree of negligence" or that the plaintiff is "1% at fault" are improper for the defendant to make.
Are There Exceptions?
Notably, Alabama law recognizes exceptions that may allow a plaintiff to escape the otherwise potentially harsh consequences of the contributory negligence rule. Alabama personal injury lawyers should be aware of such circumstances. For example, the "last clear chance" doctrine may apply when the defendant fails to avoid harming the plaintiff when the defendant has the last clear chance to avoid such an injury.
Who Determines Contributory Negligence?
In most instances, the affirmative defense of contributory negligence (if raised by the defendant) is a question for the jury, who acts as the fact finder. In a case where contributory negligence is raised as an affirmative defense, the jury hears the evidence from both sides to decide whether the plaintiff was contributory negligent. The defendant must prove contributory negligence to the reasonable satisfaction of the fact finder.
Sometimes, the judge will hear the evidence and decide whether contributory negligence applies. The judge acts as the finder of fact in bench trials (i.e., when a jury is not requested). Infrequently, a judge may rule that the plaintiff was contributory negligent as a matter of law, which will prevent the negligence claim from going to trial. Proving that the plaintiff is contributory negligent as a matter of law is usually very difficult for a defendant to accomplish.
Contact Hobbs Law
If you believe that you have a personal injury claim, you should act fast, especially if you live in a jurisdiction like Alabama that follows the contributory negligence rule. Contact Hobbs Law at 205-683-2892 or by filling out our online form if you have suffered a serious personal injury or lost a family member. Our personal injury lawyer in Jefferson County, Alabama will schedule a free consultation to review your case.