The product liability lawsuit brought in Massachusetts by a man whose hand was mangled by lawn machinery failed after a jury apportioned him 73 percent fault for his own injury. In that state, plaintiffs who hold 50 percent of the fault or more for their own injury are barred from collecting on a claim.
In Alabama, our Montgomery injury lawyers know our courts follow a much stricter standard. In fact, we are one of just five states following the pure contributory negligence model, which holds a plaintiff who holds any percentage of fault for his own injuries will be barred from bringing a claim.
Per the 2002 Alabama Supreme Court ruling in H.R.H. Metals, Inc. v. Miller, a defendant proves contributory negligence by showing the plaintiff failed to exercise reasonable care.