Negligence in Alabama
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Alabama fact pattern
Negligence in alabama.
Statute of limitations
2 years
Ala. Code § 6-2-38
Two years from the injury.
- Alabama is still a contributory-negligence state. One percent of fault can zero the file. That is not a clock. It is a complete defense.
- A city often needs a claim within six months (§ 11-47-23). That paper is not the two-year lawsuit.