Alabama · Comparative Negligence

Alabama Comparative Negligence Rule

Alabama follows a contributory (pure bar) rule under Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993). Alabama applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Updated 2026-05-22 · See all 50 states

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Key facts: Alabama

Rule type
Contributory (pure bar)

Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC).

How recovery works
Alabama applies a special rule that does not fit the standard percentage cutoff. See the notes below.
Last verified
2026-05-22
Source type
Primary (court opinion)

Details for Alabama

Alabama retains pure contributory negligence by common law; the Supreme Court of Alabama declined to adopt comparative negligence in Williams, leaving any contributory fault as a complete bar to recovery.

Related: Alabama statute of limitations

Alabama gives you 2 years to file a personal injury lawsuit under Ala. Code § 6-2-38.

See the full Alabama statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Alabama attorney before relying on it.

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Alabama Comparative Negligence FAQ

What comparative negligence rule does Alabama follow?

Alabama follows a contributory (pure bar) rule under Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993). Any contributory fault bars recovery entirely. Applied in only a handful of jurisdictions (AL, MD, NC, VA, DC). Alabama applies a special rule that does not fit the standard percentage cutoff. See the notes below.

Can I still recover if I was partly at fault for the accident in Alabama?

In Alabama, even a small amount of fault on the claimant's part bars recovery entirely. This is one of the harshest rules in the country and applies in only a handful of jurisdictions.

How does this affect settlement negotiations in Alabama?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Alabama bars recovery for any contributory fault, defendants have strong leverage to dispute liability and frequently push claimants toward low settlements.

What is the personal injury statute of limitations in Alabama?

Alabama gives you 2 years to file a personal injury lawsuit under Ala. Code § 6-2-38.

Where can I read the actual rule?

The controlling authority is Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993). The full text is available at https://law.justia.com/cases/alabama/supreme-court/1993/1901255-1.html.

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