Code of Alabama
Ala. Code § 25-5-32 (2026)
Excluded Defenses.
✓ official Alabama Legislature (ALISON) text, current July 2026
In all cases brought under this article, it shall not be a defense:
(1) That the employee was negligent, unless and except it shall also appear that such negligence was wilful or that such employee was guilty of wilful misconduct as defined in Section 25-5-51.
(2) That the injury was caused by the negligence of a fellow employee.
(3) That the employee had assumed the risks inherent in or incidental to the work, or arising out of his employment, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.
(Acts 1919, No. 245, p. 206; Code 1923, §7535; Code 1940, T. 26, §254.)
Notes of Decisions
Cited in 2
cases, 1992–2005 · leading case: Mitchell v. Skinner, 796 F. Supp. 1464 (N.D. Ala. 1992).
Mitchell v. Skinner, 796 F. Supp. 1464 (N.D. Ala. 1992). “See Ala.Code § 25-5-32; see generally C. Gamble, Alabama Law of Darn-ages § 21-7, at 255 (2d ed.”
Muhammad v. Laidlaw Transit, Inc., 917 So. 2d 842 (Ala. Civ. App. 2005). “The reason Article 2 is included in the Workers' Compensation Act at all is to liberalize the common law for those employers who make an "election" ( see §§ 25-5-50 and -54) not to be covered by the no-fault system prescribed by Articles 3, 4, and 7.”
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