Sidewalk and Public Property Falls in Alabama

Falls caused by a defect in a city street, alley or public way: an Alabama city or town can be liable only if the defect was called to the attention of the council or governing body, or had existed so long that the council is presumed to have known of it, and it was not fixed. If another person or company is also responsible for the injury, that person is liable to the injured party on the same claim; the injured person generally must join that party as a defendant when suing the city, and the city pays only what cannot be collected from the other defendants. Recovery against a city is capped at $100,000 per injured person and $300,000 per occurrence.

Claims against a city or county (a fall on public property, for example): a tort claim against an Alabama city or town must be presented to the city clerk within six months after it arises or it is barred, and no recovery is allowed on a personal-injury claim unless a sworn statement is filed with the clerk describing how, when and where the injury happened and the damages claimed. Claims against a county must be presented to the county commission within 12 months; a suit cannot start until the commission disallows or reduces the claim, and inaction for 90 days counts as a disallowance. Damages against a local governmental entity are capped at $100,000 for bodily injury or death of one person and $300,000 in the aggregate per occurrence.

Tort claims against a city or town must be presented to the municipal clerk within six months after they arise, and a personal injury claim requires a sworn statement describing how, when and where the injury happened and the damages claimed. Judgments against cities, counties and their agencies (including many local school and hospital boards) are capped at $100,000 for bodily injury or death to one person, $300,000 total when more than two people are hurt in one occurrence, and $100,000 for property damage. Claims against the State itself go to the State Board of Adjustment, generally within one year (two years for injury resulting in death).

Most lawsuits for injury to a person that do not arise from a contract must be filed within two years. Claims for trespass to the person, such as assault and battery or false imprisonment, have six years.