Liability is the legal responsibility for injuries and harm caused by negligence, intentional torts, and other wrongful acts. Under Alabama personal injury laws, you can hold the party who caused your accident or injuries responsible for your financial, emotional, and physical harm. However, you must prove the legal elements of an injury claim before liability applies. Furthermore, the state’s strict contributory negligence standard could bar the victim from receiving damages in some situations.
Alabama Negligence-Based Personal Injury Claims
Negligence is a common ground for establishing liability for a personal injury claim. A person is negligent when they fail to act with the standard of care that a reasonable person would have used under the same circumstances. Establishing liability for negligence requires that you prove the following:
- The other party had a legal duty of care based on your relationship with them or a legal requirement, such as the legal duty to use care when operating a vehicle.
- The party breached their duty of care through their actions or failure to act, such as running a stop sign.
- The breach of duty was the direct and proximate cause of your injuries.
- You sustained damages and incurred injuries because of the party’s breach of duty.
You must prove the party’s breach of duty caused your injuries for the party to be liable for damages.
Intentional Torts and Liability in Alabama
A person’s intentional acts can result in liability for a personal injury lawsuit. Examples of intentional acts include, but are not limited to, assault, murder, battery, and false imprisonment.
A victim does not need to prove negligence to create liability for intentional torts. Instead, they must prove the party intended to cause their injury and that the party’s conduct was the cause of the victim’s injuries and damages.
Vicarious Liability Cases in Alabama
The parties contributing to the cause of someone’s injuries can be liable for damages. Generally, only the parties who directly contribute to the injuries can be liable. However, the legal theory of vicarious liability can hold a principal party liable for the negligence of an agent.
The most common example of vicarious liability is the employer-employee relationship. An employer may be liable for the negligent acts of employees that cause injuries to others. For example, a trucking company may be liable for a driver who causes a truck accident. Another example could include a restaurant owner being liable if an employee spills hot liquid on a customer.
Alabama Product Liability Claims
Claims involving defective product injuries may create responsibility for damages based on strict liability. Instead of establishing negligence, you must prove:
- The defendant, including designers, manufacturers, distributors, sellers, etc., was responsible for the product’s reaching consumers.
- You received and used the product without alterations.
- The product had a defect that made it unreasonably dangerous to use.
- You used the product as intended and in a foreseeable way.
- The product caused your injuries.
A product liability claim could also involve failure to provide adequate warnings about the risks involved in using the product and adequate instructions on how to use it safely.
Alabama’s Contributory Fault Laws and Liability for Personal Injury
Alabama is one of the few states that uses contributory fault in personal injury cases. Under contributory fault, victims are barred from receiving any damages if they share any fault for causing their injuries.
For example, suppose a jury awards a victim $500,000 for car accident damages. However, the jury also determined that the victim is 10% to blame for causing the car crash. Even though the other party was 90% at fault, the victim could not receive any money for their damages.
It is crucial to refrain from discussing fault or making statements that could be construed as admitting fault, including saying you are sorry for the accident. Be honest with officers and tell the facts without presuming fault. As soon as possible, talk with an attorney about your case.
What Damages Can I Receive From the Liable Party in a Personal Injury Claim?
If the other party is liable for your injuries, you could receive compensation for your economic and non-economic damages. The damages in a personal injury case can include:
- Medical bills and expenses
- Loss of quality of life and enjoyment of life
- Rehabilitation therapy
- Mental anguish and emotional distress
- Lost wages and benefits
- Scarring and disfigurement
- Diminished earning capacity
- Impairments and disabilities
- Nursing and/or personal care
- Pain and suffering
- Out-of-pocket expenses
The amount you receive for a personal injury case depends on the factors of your case. The strength of your evidence can impact your negotiating power. Therefore, preserving evidence from an accident scene is essential whenever possible.
An experienced personal injury lawyer can help you gather evidence to build a strong case for liability, including hiring expert witnesses when necessary. Reach out to one of our Belt, Bruner & Barnett Personal Injury Lawyers for a free consultation today at (205) 206-5088.