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Alabama Tort Law
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-5 Alabama Tort Law 5.syn


Guest Statute


Gregory S. Cusimano;; Michael L. Roberts

Chapter Summary


This chapter from Alabama Tort Law examines Alabama's "guest statute," which undertakes to insulate from liability a driver of a motor vehicle who negligently injures or kills a guest. The chapter discusses the factual controversies that have arisen in determining the applicability of the guest statute to claims of a "guest while being transported without payment." It also covers issues related to the "benefit" test, the required consent by a guest to the potential hazards that may arise, the effect of a guest's minority, misrepresentations by the driver, and protests by the guest.

Next, the chapter examines the scope of the guest statute, emphasizing that it applies to claims of injuries or death to one being transported without payment in a motor vehicle "resulting from the operation thereof." Finally, the chapter reviews cases that addressed the nature of the protection afforded to a negligent driver by the guest statute in the context of an uninsured motorist claim.

Alabama Tort Law (Matthew Bender) is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.


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For more information on actions involving automobiles, see Chapter 4, Uninsured and Underinsured Motorist Coverage, and Chapter 6, Negligent Entrustment and Supervision.


See Personal Injury Actions, Defenses and Damages: Automobiles (Matthew Bender) for thorough coverage on personal injury litigation as a method of compensating individuals who are involved in automobile accidents.

See Allen's Alabama Liability Insurance Handbook (Matthew Bender) for thorough coverage of nearly every type of liability insurance, including comprehensive general liability insurance (CGL), personal injury insurance, advertising injury insurance, claims made coverage, automobile liability insurance, and uninsured/underinsured motorist coverage.

See Killer Roads: From Crash to Verdict (Matthew Bender) for comprehensive guidance on the many issues surrounding transportation facility negligence, including essential engineering and maintenance issues and relevant road defects.

See Personal Injury Defense Techniques (Matthew Bender) for a discussion of a wide range of the substantive and practical legal problems faced by defense counsel, along with suggestions for the best ways to remedy them, with coverage of such topics as insurance defense, liquor liability, medical malpractice, premises liability, products liability, toxic torts, and damages.

See Alabama Civil Procedure (Matthew Bender) for coverage of the Alabama Rules of Civil Procedure, rules from other sources, relevant statutes, comparisons with the Federal Rules of Civil Procedure, and case law that bears on civil trial practice. It also includes a table of cases and a table of statutes, plus dozens of sample forms.
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