Alabama Child Personal Injury and Contributory Negligence
Alabama law recognizes that a child's mental capacities are different from those of an adult. Thus, Alabama follows special rules for determining whether a minor has the requisite capacity to contribute to his or her own injuries and be barred from recovery pursuant to the defense of contributory negligence. This article provides an overview of Alabama child injury law and contributory negligence.
Most personal injury litigation is based on the theory of negligence. Thus, the center of the litigation usually focuses on whether a particular defendant acted in a reasonably prudent manner. However, the same reasonableness analysis is applied to injured individuals when a defendant claims that despite his negligence, a plaintiff’s own negligence contributed to his or her own injuries. Such a claim is commonly known as the defense of contributory negligence. Alabama bars a plaintiff who is contributory negligent from recovery any damages against a defendant—even if that defendant is also deemed negligent.
Many variables affect a court’s analysis of whether an individual’s actions a
re reasonable under particular circumstances. Most notably, courts recognize that a child’s ability to act reasonably depends on the child’s age and maturity level. Thus, when determining whether a child/minor is negligent or contributory negligent, Alabama courts adhere to the “Rule of Sevens.” That is, Alabama courts determine whether a child is capable of contributory negligence by following presumptions based on the child’s age. The applicable presumption is based on seven year age brackets, hence the name “Rule of Sevens.”
Alabama courts hold that children under the age of seven years of age do not possess the mental capacity to be negligent. A child between the ages of seven and fourteen years is presumed to be incapable of contributory negligence; however, the presumption of incapacity may be rebutted if evidence shows that the child possesses the intelligence, discretion, and sensitivity to danger that a normal fourteen-year-old possesses. A child over fourteen years of age is presumed capable of contributory negligence, but evidence may show that the child cannot appreciate danger as a normal fourteen-year-old. If evidence shows a lack of capacity similar to a normal fourteen-year-old, a child over fourteen may be treated as a seven-to-fourteen-year-old for purposes of contributory negligence.
As with the defense of contributory negligence, minors create many unique legal issues under Alabama law. Consult a Birmingham child injury attorney to help you and your child resolve the intricacies of such a specialized personal injury claim.
