When you’re hurt because someone else was careless, it feels obvious that the at‑fault person (or their insurer) should pay for your medical bills, lost wages, and pain. But Alabama has a strict rule that can derail even strong cases:
contributory negligence. Under this doctrine, if an insurance company can push
even 1% of the blame onto you, they may try to deny your claim outright. That’s why protecting your case from day one matters.
If you’ve been hurt in a wreck, fall, or other incident in or around Mobile, the
personal injury attorneys at Steele Ritchie LLC can help you navigate this rule and build the strongest claim possible.
What is contributory negligence in Alabama?
Contributory negligence is a legal defense that says an injured person who contributed to the accident—even a little—can be barred from recovering compensation from the other party. It’s a tough standard and a major reason insurers work so hard to shift blame back onto victims.
Everyday examples insurers use to assign “just a little” fault
- Grocery store spill: You slipped on a wet floor with no warning sign. The store argues you “should have seen it.”
- Rear‑end collision: You were hit from behind, but the insurer argues your
brake lights were dim or you “stopped too quickly.”
- Dog bite: A dog bit you on a public sidewalk. The owner claims you
“approached too closely.”
These arguments don’t always hold water—but they’re common tactics to avoid paying.
Insurance tactics designed to pin 1% on you
- Leading questions in recorded statements that get you to agree you were “in a hurry” or “didn’t see” the hazard.
- Social media screenshots used to suggest you weren’t as injured as you claim.
- “Open and obvious” defenses in premises cases (arguing the danger was visible and you should have avoided it).
Exactly what to do after an accident to protect your case
- Get medical care immediately and follow your doctor’s instructions. Gaps in treatment will be used against you.
- Document everything: Photos of the scene, hazard, and your injuries; names and numbers of witnesses; incident or police reports.
- Avoid recorded statements until you’ve talked with a lawyer.
- Stay off social media or keep posts minimal and non‑injury related.
- Preserve evidence (shoes in a slip case, dashcam footage, receipts, etc.).
How a lawyer counters contributory negligence
Your attorney can:
- Secure surveillance footage before it’s erased.
- Interview witnesses promptly while memories are fresh.
- Retain experts (accident reconstruction, safety standards, medical) to show the
true cause of your injuries.
- Push back on “open and obvious” and other blame‑shifting defenses.
The bottom line
Contributory negligence is harsh—but it’s not a dead end. The sooner you involve counsel, the better your chances to keep blame where it belongs.
If you’ve been injured in Mobile or Baldwin County,
contact Steele Ritchie for a free consultation. We’ll help you protect the value of your claim and fight for the compensation you deserve.
