Guest statute

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Tort law II

Part of the common law series
Negligent torts
Negligence · Negligent hiring
Negligent entrustment · Malpractice
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care · Standard of care
Proximate cause · Res ipsa loquitur
Calculus of negligence · Eggshell skull
Vicarious liability · Attractive nuisance
Rescue doctrine · Duty to rescue
Comparative responsibility
Duties owed to visitors to property
Trespassers · Licensees · Invitees
Defenses to negligence
Contributory negligence
Last clear chance
Comparative negligence
Assumption of risk · Intervening cause
Strict liability
Ultrahazardous activity
Product liability
Nuisance
Other areas of the common law
Contract law · Property law
Wills and trusts
Criminal law · Evidence

A guest statute is a term used in the law of torts to describe a statute that makes it more difficult for a passenger in an automobile to recover damages from the driver for injuries received in an accident resulting from ordinary negligence on the part of the driver. Instead, passengers are limited to suits based on gross negligence, recklessness, or intentional misconduct. The statute may also place a cap on the damages to be awarded, or limit damages to compensation for actual physical injuries.

The purpose of the guest statute is to both protect drivers from frivolous litigation, and to protect insurance companies from collusive and fraudulent suits (wherein the passenger sues the driver in order to collect from the driver's insurer). For the same reason, some states also passed aviation guest statutes, which limit the liability of non-commercial airplane passengers. However, guest statutes now appear to have been abolished in all states except Alabama (Ala. Code § 32-1-2) and Texas (Tex. Civ. Prac. & Rem. Code § 72.001), either legislatively or by the courts.