Does Alabama’s contributory negligence rule affect a general liability claim against my business?
Yes. Alabama follows pure contributory negligence, confirmed in Golden v. McCurry, 392 So. 2d 815 (Ala. 1980), where the Alabama Supreme Court held that a plaintiff found even 1 percent at fault for their own injury is completely barred from recovering damages. This is far stricter than Georgia’s modified comparative negligence rule, where a plaintiff can still recover reduced damages up to 49 percent fault. In practice, this doctrine can make it harder for an injured claimant to win a general liability claim against your business, but it does not eliminate the exposure — contributory negligence is not a defense to claims based on wanton or reckless conduct.
