Alabama Tort Laws

Every citizen has rights under civil law, the body of law that governs the interactions and transactions between the members of society. When those rights are violated, the law gives the plaintiff a way to exact retribution on the party who caused the wrong. This is the basic concept of a tort, which has the same root word as the English word “torque.” It gives those who have been hurt a means to return the proverbial favor to those who hurt them, in the form of damages.

Torts are a broader concept than personal injuries, though personal injuries are torts. Personal injuries narrowly refer to times when there is some physical or emotional distress intentionally or negligently inflicted on the plaintiff. A tort may be broad enough to cover matters like contract interference, while a personal injury would more properly refer to a car crash or slip and fall.

Alabama torts can involve considerable settlements that can reach the millions. One case, for instance, was settled for an amount close to $2.5 million where a painter was exposed to asbestos while working with ships.

Basic Tort Categories in Alabama

Negligent Torts

Negligent torts are suits brought by a party against another who caused harm due to a lack of care or diligence. Four elements characterize this lack of care or diligence:

• A duty of care.

• A breach of that duty.

• A causal link between the actions or breach of duty and the harm sustained by the plaintiff.

• Actual damages or injury.

Examples of negligent torts include automobile accidents where the defendant (also called a “tortfeasor”) did not intentionally collide with the plaintiff’s vehicle but was carelessly texting behind the wheel. Another would be inattentively throwing a banana peel on the floor and then having a co-worker slip on it by total accident. In either case, the party who failed to exercise due care must pay damages.

Intentional Torts

Intentional torts are different from negligent torts in that in the former, the tortfeasor intended the harmful act that led to the damage experienced by the plaintiff. The outcome or damage may or may not be unintended but the act that caused the damage was intentionally committed. It can occur in a battery case where a person intentionally wets a floor that another slips on. Even if the former party does not intend for anyone to slip on the floor, there is still a tortious battery committed. Intentional torts often intersect with criminal offenses like defamation since an intentional act can have both civil and criminal consequences, though, as will be discussed later, crimes and torts are still fundamentally different concepts.

Strict Liability Torts

A strict liability tort, in the broadest sense, is one where a tortfeasor is liable regardless of state of mind. It does not matter if the actions of the defendant are intentional or not. As long as there is an action and damage caused to the plaintiff, there is a cause of action in civil court. An example of this is the dog bite law, which does not allow the owner of the animal any defense in case the pet bites any guest who has the right to be on the owner’s premises. 

Damage may at best be mitigated if the dog has no prior history of violent behavior, but this is not a total defense. 

Other Tort Categories in Alabama

Economic torts refer to a class of actions that arise from business transactions that result in economic losses. The state’s law uses the term “commercial tort claim” to mean essentially the same thing. It is a claim where:

• The claimant is an organization or individual.

• The claim arose in the course of the claimant’s conduct of their profession or business.

• Damages arising from wrongful death or personal injury are excluded.

Examples include interference in contracts and the use of negligent misrepresentation or fraud when negotiating deals. 

Nuisances are anything that causes damage, inconvenience, or hurt to another. These can refer to lawful acts and structures that are calculated to annoy or harass. The nuisance must hurt not only those who are easily offended but anyone who is ordinarily reasonable. 

A nuisance can be public or private. A public nuisance affects all who come within its sphere of operation, while a private nuisance is limited in scope to one or a few individuals. Only private nuisances give individuals a cause of action; public nuisances must be abated by the state. 

Examples of nuisances include making excessively loud noises that irritate one's neighbors. There is also a class of nuisances called attractive nuisances. These refer to situations that inherently invite injury or trouble, like the building of a swimming pool without sufficient “keep out” signs and fences. Pools naturally attract children and invite potential drowning; hence, the law has stepped in to label them as inherent nuisances.

Tort vs. Crime in Alabama

Torts and crimes intersect in the sense that in either case, there is harm done by one party to another that results in damage. But there are several notable differences between the two:

Torts have to be proven by the injured party using a preponderance of the evidence, which translates to the defendant’s fault being shown to be likelier than not. This is a lower standard than that for criminal offenses, which is proof beyond a reasonable doubt or moral certainty.

Mass Torts in Alabama

Mass torts in Alabama occur when a single negligent act causes harm to several people at once. There is a single wrongful act that gives rise to multiple distinct and individual lawsuits at the same time. These are consolidated into a single, multi-district case. Damage is also determined in a per-individual case as opposed to being made uniform for the whole collective of plaintiffs. Some examples include asbestos litigation or aviation accidents. Product liability cases are also often mass torts since the single release of a dangerous product affects everyone who buys it.

The major advantage of filing a mass tort claim over trying to sue alone is efficiency. Everyone who was harmed by the tortfeasor, which is often a large company, may pool together their common resources into a single trial. There is no need to litigate each case separately, though each case is still technically separate.

Also, given that the defendant is often a large company, there is security in numbers when filing a suit. It is easier to fail when suing alone, but when one's evidence is buoyed by others who are similarly situated, it becomes easier to squeeze a victory out of the situation.

Mass Torts vs. Class Actions

There are many similarities between mass torts and class actions, especially in the sense that in both cases there are multiple claimants involved. But there are significant differences in how the two work, as illustrated below:

Class actions also differ in that since there is technically only one case, should the action fail, the plaintiffs are all bound by the decision except for those who opted out. In mass actions, there are multiple cases, so a loss in one does not necessarily result in a loss for all. 

The Mass Tort Process

Mass torts in Alabama follow a general five-step process. But before this even begins, it is advisable for the wronged parties to immediately consult with a lawyer. It is critical to begin by discussing your case with an expert since every case is unique and the steps that need to be taken are not always clear-cut.

In the first phase of the mass tort process, the lawyer will delve into the plaintiffs’ records and find out more about the injuries sustained and the reasons behind the harm inflicted. This is followed by the second phase, which involves assessing the consistency of the injuries. The lawyer wants to establish that the separate claimants all suffered similar damage from the negligent act of the tortfeasor. This is key to allowing the case to be pursued as a mass tort, since otherwise, all the parties have to pursue their causes separately.

The third phase is filing with the federal court. This is where the concept of multi-district litigation comes in because the separate plaintiffs' causes will ordinarily be lodged in different jurisdictions. With mass torts, all the cases may be filed with a single federal court instead of being dispersed across several municipalities.

The fourth phase is the bellwether trial stage. The court will select a small pool of cases to try first. The judiciary aims to test the waters and see if the small sample of cases will succeed. This will determine if it is worth it to proceed with the rest.

Lastly, the rest of the claims either get settled or go to trial. This phase takes months or years, depending on whether or not an amicable resolution is reached.

Alabama Tort Liability Insurance Requirements

Tort liability insurance requirements in Alabama are usually associated with automobiles. Those who operate cars for a transportation network company need liability insurance covering $25,000 for property damage and $50,000 per death or bodily injury, with a cap of $100,000 across all deaths or injuries. This assumes that the driver was logged into the network and not in a prearranged ride. 

If the driver is engaged in a prearranged ride, the liability insurance requirement goes up to $1 million for death, bodily injury, and property damage. Private car drivers must have liability insurance worth $25,000 for property damage and bodily harm or death. The cap for bodily harm or death is $50,000.

This insurance comes into play when a business faces a case because, when found to be at fault, the insurance will pay the damages up to the limits specified. Alabama is a fault-based state and the insurer of the guilty party has to pay compensation. 

The Statute of Limitations for Tort Cases in Alabama

The statute of limitations for torts in Alabama depends on what the cause of action is based on, as shown below:

The deadlines are similar for mass torts. The plaintiffs are treated as separate individual parties, albeit lumped together in a single trial. They may join as long as they are individually within the time limits. 

How Much Can Someone Sue in a Tort Case in Alabama?

The end goal in an Alabama tort or mass tort case is to be awarded damages, and these are summed up thus:

Because of tort reform and a desire to reduce the frequency of frivolous lawsuits, punitive damages are capped at three times the amount of compensatory damages or $1.5 million, whichever is higher if the case involves physical injuries. If the case does not involve physical injuries, the $1.5 million cap is lowered to $500,000. Municipalities are never liable for punitive damages.

Other Legal Remedies in Tort Cases in Alabama

Alongside litigation, a party to a tort or mass tort case in Alabama may seek an injunction from the court. This is an order commanding the defendant to cease performing a certain action. An injunction may be preliminary, which asks the court to grant injunctive relief before the case is finalized. For example, a polluter may be asked to stop polluting the water supply even if the case is years away from conclusion. The defendant will be given notice and a chance to refute the plaintiff’s claims. 

A temporary restraining order is similar but is more urgent, so there is no need for notice to be given to the adverse party. As a downside, its effectiveness is short, lasting only up to 10 days. Since in both cases the plaintiffs get relief before a final decision, a bond has to be paid. 

Restitution is limited to cases of unjust enrichment where the defendant is asked to pay the amount that was unjustly gained as opposed to the sum the plaintiff lost. 

Resources for Tort Victims in Alabama

Legal Services Alabama

Legal Services Alabama offers free civil legal advocacy to low-income individuals who are involved in civil cases. It gives counsel and advice and represents parties in critical and administrative matters. Community education programs are on the menu. The office can be reached at 866-456-4995 or by mail at P.O. Box 20787, Montgomery, AL 36120.

The University of Alabama Civil Law Clinic

The University of Alabama Civil Law Clinic is staffed by law students of the University of Alabama who handle civil matters, including torts. The caseload also encompasses debt collection defense, insurance, and housing. It is reachable either through phone at (205) 348-4960 or at:

The University of Alabama School of Law
101 Paul Bryant Drive
Tuscaloosa 35401
P.O. Box 870392, Tuscaloosa 35487-0392