Code of Alabama
Ala. Code § 32-1-2 (2026)
Liability for Injury or Death of Guest.
✓ official Alabama Legislature (ALISON) text, current July 2026
The owner, operator, or person responsible for the operation of a motor vehicle shall not be 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 injuries or death are caused by the willful or wanton misconduct of such operator, owner, or person responsible for the operation of the motor vehicle.
(Acts 1935, No. 442, p. 918; Code 1940, T. 36, §95.)
Notes of Decisions
Cited in 50
cases (4 in the last 5 years), 1978–2024 · leading case: Shelter Mut. Ins. Co. v. Barton, 822 So. 2d 1149 (Ala. 2001).
Shelter Mut. Ins. Co. v. Barton, 822 So. 2d 1149 (Ala. 2001). “When Medley adjusted the claims arising from the accident, he was unaware of the Alabama Guest Statute, § 32-1-2, Ala. Code 1975. The Alabama Guest Statute bars a passenger from suing a driver for injuries sustained in an accident, unless the accident is caused by the driver's…”
Hogan v. State Farm Mut. Auto. Ins. Co., 730 So. 2d 1157 (Ala. 1998). “Code, § 32-7-23, for the purpose of the passenger in the same automobile recovering from her own separate uninsured motorist coverage when she is barred from recovering in negligence from the liability policy covering the driver of the automobile because of the Alabama Guest…”
Thedford v. Payne, 813 So. 2d 905 (Ala. Civ. App. 2001). “In their answer, the Thedfords argued that Payne was not entitled to recover damages because Calvin was a guest in Tommy's automobile at the time of the accident, and, therefore, the Alabama Guest Statute, § 32-1-2, Ala.Code 1975, barred recovery for Calvin's injury.”
Moore v. Mobile Infirmary Ass'n, 592 So. 2d 156 (Ala. 1991). “Code 1975, § 9-6-14 (immunizing pollution control authorities from tort liability), § 11-93-2 (limiting tort liability of governmental entities to $100,000), § 25-5-11(a) (immunizing coemployees from liability for negligence and wantonness), § 32-1-2 (immunizing motor vehicle…”
Malan v. Lewis, 693 P.2d 661 (Utah 1984). “, 1953, § 41-9-1. [9] Section 41-9-1 states in full text: Any person who as a guest accepts a ride in any vehicle, moving upon any of the public highways of the state of Utah, and while so riding as such guest receives or sustains an injury, shall have no right of recovery…”
Stokes v. Ferguson, 952 So. 2d 355 (Ala. 2006). “Stokes, the plaintiff in a personal-injury action against Ligaya Renee Ferguson and Allstate Insurance Company, appeals from a summary judgment in favor of Ferguson, arguing that the trial court erred in holding that her claim was barred by § 32-1-2, Ala.Code 1975, also known as…”
Ex Parte Anderson, 682 So. 2d 467 (Ala. 1996). “Anderson moved for summary judgment, arguing that Alabama's Guest Statute, as codified at § 32-1-2, Ala.Code 1975, precluded a recovery against her.”
McDougle v. Shaddrix, 534 So. 2d 228 (Ala. 1988). “Ala.Code 1975, § 32-1-2, known as Alabama's "guest statute," provides: "The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment…”
Tuggle v. Helms, 499 S.E.2d 365 (Ga. Ct. App. 1998). “[3] Under the Alabama guest statute, Ala.Code § 32-1-2 (1975), a guest in a car can recover for injuries sustained in an automobile accident only if there is proof that the driver of the car acted with wanton or wilful misconduct.”
State Farm Mut. Auto. Ins. Co. v. Carlton, 867 So. 2d 320 (Ala. Civ. App. 2001). “In Hogan , the most recent of the trio of cases, an injured passenger was unable to recover against a negligent driver with whom she was traveling because the Alabama Guest Statute, § 32-1-2, Ala.Code 1975, allowed recovery only against willful or wanton drivers.”
Baker v. Tri Nations Express, Inc., 531 F. Supp. 2d 1307 (M.D. Ala. 2008). “Ala.Code § 32-1-2 (1975). 8 . Federal Rule of Civil Procedure 72(a) provides that: A party may serve and file objections to [a magistrate judge’s nondispositive] order within 10 days after being served with a copy.”
Mosqueda v. Mosqueda, 721 S.E.2d 755 (N.C. Ct. App. 2012). “Three of Plaintiffs’ *144 claims were dismissed pursuant to Ala. Code § 32-1-2 , the Alabama automobile guest statute.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.