Alabama Injury Law Blog
by Hollis Wright Managing Partner Josh Wright
The 2025 update to Alabama Pattern Jury Instruction APJI 22.03 may seem like a small wording change, but it could matter a great deal in co-employee cases involving removed, bypassed, disabled, uninstalled, or poorly maintained safety guards. APJI 22.03 applies to claims under Ala. Code §25-5-11(c)(2), which allows an injured worker to sue a co-employee for certain willful conduct involving safety devices. Because workers’ compensation usually limits an injured employee to statutory benefits, this exception can be critical.
I was involved in drafting the changes to APJI 22.03, and they are highlighted here in yellow. The key change appears in element No. 4. The old instruction required proof that “the defendant knew” the removal or alteration would probably or likely cause injury or death. The revised instruction now says the defendant acted “with knowledge” that the removal, failure to install, failure to maintain or repair, bypassing, or disabling of the safety guard would probably or likely cause physical injury or death.