What Is Negligence in a Personal Injury Case?

Jun 04 2025 16:00

By Ryan & Rouse | Personal Injury & Family Law Attorneys | 256-801-1000

If you've been injured in an accident — whether it was a car crash, a fall on someone else’s property, or a workplace incident — one of the first legal questions is: Was someone negligent?

At Ryan & Rouse, we help injury victims across North Alabama understand their rights and recover compensation when another person or company failed to act with reasonable care. Here’s what you need to know about negligence and how it affects your personal injury case.

 

What Is Negligence?

Negligence is a legal term that means someone failed to take reasonable care — and that failure caused someone else to get hurt. To win a personal injury claim based on negligence in Alabama, you generally have to prove four elements:

  1. Duty – The other party had a legal duty to act with care. (For example, drivers must obey traffic laws and avoid distractions.)
  2. Breach – They failed to meet that duty. (They ran a red light, ignored a wet floor, or didn’t maintain equipment.)
  3. Causation – Their actions caused your injuries.
  4. Damages – You suffered real harm, such as medical bills, lost wages, or pain and suffering.

Examples of Negligence

Negligence can look very different depending on the type of case:

  • Car Accidents – Texting while driving, speeding, or failing to yield
  • Premises Liability (Slip & Fall) – Failing to clean up spills, poor lighting, broken handrails
  • Workplace Accidents – Not providing safety equipment or training
  • Dog Bites – Failing to leash or control a dangerous animal

If someone else's carelessness caused your injuries, you may have a valid claim.

 

Alabama’s Tough Standard: Contributory Negligence

One thing that sets Alabama apart from most other states is its strict contributory negligence rule. If you’re found to be even 1% at fault for your own injuries, you may be barred from recovering compensation altogether.

That’s why it’s critical to have a skilled attorney gather evidence, interview witnesses, and present your case clearly. Insurance companies often try to blame the victim to avoid paying out — and we know how to fight back.

 

What Damages Can You Recover?

If we prove negligence, you may be entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages or loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • In some cases, punitive damages for reckless behavior

Let Ryan & Rouse Fight for You

We know how to build a solid case based on the facts — and how to take on insurance companies that try to avoid responsibility. Whether it’s a fender bender or a life-changing injury, we’ll treat your case like it matters — because it does.

📞 Call Ryan & Rouse at (256) 801-1000 today to schedule your free personal injury consultation with Taylor Rouse. You don’t pay us unless we win.

Contact us today to learn more about how we can help you!