What is Negligence?

Negligence is a legal concept that applies when a person or company has a legal duty and fails to fulfill it. Negligence can arise both from negligent acts and from the failure to take action that should have been taken to prevent damage or injury. Negligence can lead to liability, which means that a person or company that acts negligently may be forced to pay damages to the person or company injured by such negligent conduct.

Generally speaking, the laws regarding negligence in Georgia and Alabama are similar.  However, there is a critical difference between these laws about which our clients need to be aware.  Specifically, in Alabama, the “contributory negligence” doctrine bars injuried parties from recovering damages if they are found to have any fault at all for the injuries they sustained. By contrast, in Georgia, the “comparative negligence” doctrine allows injured parties to recover damages even if they are found to be partially at fault for their injuries.

Alabama’s Contributory Negligence Rule

Alabama is one of the few states in the United States that still adheres to the doctrine of contributory negligence, and the impact of this antiquated doctrine can be devastating to injured parties. In Alabama, if an injured party is found to be just 1% responsible for their injuries, they are barred from recovering damages. For example, if a person is injured in a car crash caused by another driver running a red light, but the injured person is later found to have been speeding at the time of the crash, an argument can be made that the injured person was contributorily negligent via their act of exceeding the speed limit and, thus, are not entitled to recover damages from the driver who ran the red light.

Georgia’s Comparative Negligence Rule

In Georgia, the comparative negligence rule is codified at O.C.G.A. § 51-12-33. The effect of this statute is that an injured party can recover damages even if they are found to be partially responsible for their injuries, in which case the damages the injured party would otherwise be entitled to collect is reduced proportionate to their level of responsibility.  However, if the injured party is found to be more than 50% responsible for their injuries, they are barred from recovering damages.

The Importance of Experienced Legal Representation in Personal Injury Cases

It is imperative that the victims of negligence in Georgia and Alabama understand the differences between the negligence laws of these states, including the doctrines of contributory and comparative negligence.  At Bodewell, we strive to be experts in the areas of the law that most directly impact our clients, and we use this expertise to leverage our client’s interests such that they receive the most compensation possible for the injury they have sustained. If you or a loved one have been injured in Alabama or Georgia, contact us and we’ll get to work for you.