WHAT IS THE "GUEST STATUTE" IN ALABAMA?
Alabama law makes a distinction between a “passenger” and a “guest.” This distinction becomes important if someone is injured or killed in an accident while riding in an automobile and the accident is the fault of the driver of the car occupied by the victim. Section 32-1-2 of the Alabama Code states: “The owner, operator or person responsible for the operation of a motor vehicle shall not be held liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injury or death is caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle.” Simply put, in Alabama a guest in a motor vehicle cannot recover against the owner and/or operator for damages suffered by the guest as a result of the operator’s negligence.
Alabama law defines the term “guest” as one who is invited to enjoy the hospitality of a driver of an automobile only for his or her (the rider’s) benefit without making any payment or conferring any material or tangible benefit upon the driver. APJI 26.05. A passenger can recover from the owner and/or operator for the damages suffered as a result of the operator’s negligence. Alabama law defines a “passenger” as one who is carried in a vehicle for hire or reward or for the material benefit,present or anticipated, of either the driver or of both the driver and rider, which benefit arises out of the transportation provided. APJI 26.04. Alabama law recognizes two situations wherein a “guest” may become a “passenger” and thereby allowed to recover from the owner and/or operator for damages suffered as a result of the operator’s negligence:
1. “A misrepresentation by the driver or another which induces one to become a rider in the automobile causes the rider to be a passenger and not a guest.” APJI 26.25.
2. Also, a guest’s protest against the operator’s driving can change the guest status to that of a passenger. APJI 26.26.
It is important to remember that the guest statute only prohibits a victim’s right of recovery from the owner and/ or operator for “negligence” of the operator. A victim can recover if the operator’s conduct was wanton and or willful or if the accident is caused by someone other than the owner. On this point, potential claims under Dram Shop or Product Liability theories should not be overlooked.
For More Information Contact:
Boteler, Finley& Wolfe
www.bfw-lawyers.com
3290 Dauphin Street, Ste. 505
Mobile, AL 36606
251-433-7766
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