Generally, in an Alabama personal injury claim, a plaintiff has to prove duty, breach of duty, foreseeability, and causation. However, the doctrine of inherently dangerous activities states that in cases in which the defendant should have reasonably anticipated that an injury would result due to an inherently dangerous activity, the defendant cannot insulate itself from liability by hiring a subcontractor to perform the dangerous job. In other words, the defendant may be liable for damages resulting from the injury even if its subcontractor was negligent. This rule of law has been stated: “It is also generally recognized that one who employs a contractor to carry on an inherently or intrinsically dangerous activity cannot thereby insulate himself from liability.” And, of course, if the defendant does take part in an inherently dangerous activity, or the defendant uses a dangerous instrumentality, the defendant must be reasonable in exercising due care.
Further, if a defendant uses an instrumentality that threatens serious danger to others, it must be kept in good condition. In addition, if a defendant knows or should know a particular instrument is so defective that its use involves an unreasonable risk of harm to others, the defendant may be liable for negligence. For example, the Alabama Legislature has recognized that insecticides and pesticides are intrinsically dangerous and has adopted laws regulating the sale and distribution of those products. The use of such products may give rise to a heightened responsibility on the defendant’s part to exercise due care if it is engaged in the application of insecticides or pesticides.
Contact an Alabama Personal Injury Attorney
If you have been injured in Alabama due to someone else’s carelessness or wrongdoing, you may be entitled to compensation for your damages. The attorneys at the Reeves Law Firm can help. Attorney Greg Reeves understands how important it is that you obtain financial compensation for your damages. Attorney Reeves provides Alabama accident victims with a free legal consultation and can advise you on your options. The Reeves Law Firm represents accident victims in Huntsville, Decatur, and elsewhere in Alabama and Tennessee in personal injury cases. You may be able to receive compensation for your accident-related injuries, including medical expenses, lost wages, and damages for any pain and suffering you endured. Call us today at 256-355-3311 for a free consultation.
More Blog Posts:
The Dangers of Benzene for Alabama Residents, Alabama Injury Lawyer Blog, March 14, 2018
Does Failing to Wear a Seat Belt Affect an Alabama Victim’s Ability to Recover Damages?, Alabama Injury Lawyer Blog, March 14, 2018