When the Caregiver Is the Defendant: Alabama's Civil Duty to a Dependent Adult After a Birmingham Fire Case

By Benjamin Schoettker | J.D. | Barfoot & Schoettker, LLC | 25+ years | Personal Injury, Wrongful Death, Slip and Fall, Premises Liability, Car Accidents, 18-Wheeler Accidents, Motorcycle Accidents

Published: 2026-08-11 | Last updated: 2026-08-11

TL;DR: A recent Birmingham case — a woman's guilty plea in connection with the death of her paralyzed uncle in a house fire — has drawn attention to a question Alabama families rarely think about until something terrible happens: when a loved one cannot walk, cannot roll out of bed, cannot get themselves to the door, who is legally responsible for their safety?

A recent Birmingham case — a woman's guilty plea in connection with the death of her paralyzed uncle in a house fire — has drawn attention to a question Alabama families rarely think about until something terrible happens: when a loved one cannot walk, cannot roll out of bed, cannot get themselves to the door, who is legally responsible for their safety? The criminal side of that case belongs to the State. But Alabama civil law treats the duty of care to a dependent adult as its own separate question, and a criminal plea does not answer it.

Ultimately, Alabama recognizes that when a person voluntarily assumes the care of an adult who cannot evacuate on their own — a paralyzed relative, a bedridden parent, a disabled sibling — that caregiver takes on a duty to act with reasonable care for that person's safety. In the fire context, courts have looked at whether working smoke alarms were in place, whether the caregiver had a realistic evacuation plan for someone who cannot self-evacuate, and whether supervision was appropriate for the level of dependency. While a criminal plea resolves the State's interest in punishment, the civil duty runs to the dependent adult and, after death, to that person's estate and wrongful-death beneficiaries under Alabama's Wrongful Death Act.

It is important to understand that premises liability and wrongful-death theories in Alabama can run alongside a criminal case — not instead of it. A landlord, a home health provider, or a family member who held themselves out as the primary caregiver may each owe distinct duties. Because Alabama still follows contributory negligence, the facts matter deeply: any fault attributed to the injured party can bar recovery, so how the care arrangement was documented, who paid the bills, who lived in the home, and what warnings existed before the fire can all shape the case.

For Alabama families caring for a paralyzed, elderly, or disabled loved one at home, the practical takeaway is not about assigning blame after the fact. It is about what exists on paper before something goes wrong — the written care arrangement, the fire plan for an immobile resident, the smoke alarm records, the medical directives. If a family has lost a dependent loved one under circumstances like these, the civil questions are separate from the criminal ones, and they do not go away when the criminal case closes.

“A guilty plea in criminal court answers the State's question. It does not answer whether a civil duty was owed to the person who died, and in Alabama those are two different cases with two different standards.” — Benjamin Schoettker, Barfoot & Schoettker, LLC

Frequently Asked Questions

Can a family be sued civilly after a caregiver has already pleaded guilty in criminal court?

Yes. A criminal plea resolves the State's case, but civil claims — including wrongful death under Alabama law — belong to the estate and beneficiaries. They are separate proceedings with different standards of proof and different possible defendants.

Talk to an Alabama Attorney About a Dependent Loved One's Death

If your family has lost a paralyzed, elderly, or disabled loved one under circumstances that raise questions about the care they were receiving at home, Barfoot & Schoettker, LLC is available at (334) 834-3444 for a free and confidential consultation. We handle wrongful death and premises liability cases across Alabama.

Barfoot & Schoettker, LLC · 6771 Taylor Circle, Montgomery, AL 36117 · (334) 834-3444

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