On February 27, 2026, the Supreme Court of Alabama affirmed summary judgment in favor of an NWKT client in a premises liability action arising from a trip-and-fall at an active commercial construction site. Chris Weaver successfully handled the defense and the appeal.
The Plaintiff alleged that our client, the general contractor on a large retail renovation project, negligently maintained the premises and acted wantonly by allowing customer access through an active construction zone where recently cut concrete created a slight elevation change. Plaintiff fell on site and sought damages for injuries sustained in the incident. We raised several alternative and independent defenses at summary judgment including open and obvious conditions, impermissible speculation and assumption, intervening and superseding causation, and contributory negligence. In February 2025, the Circuit Court granted summary judgment in favor of all defendants without specifying its grounds.
On appeal, the Alabama Supreme Court held that the condition was open and obvious as a matter of law, and that this conclusion defeated each of plaintiff’s claims. The Court further held that our client’s safety measures, including perimeter barricades, caution tape, warning signage, and fluorescent orange paint applied to the concrete, were sufficient to alert a reasonable person to the condition. Applying an objective standard, the Court emphasized that the relevant inquiry is not whether the plaintiff actually perceived the condition, but whether a reasonable person in the same position would have observed and appreciated the risk. The Court also rejected the argument that defendants were required to station personnel in the area or close the store during construction.
The Court affirmed summary judgment on all claims, including wantonness, on a single dispositive ground, finding no need to consider other points raised.
The firm’s team included Attorneys Kile Turner and Christopher Weaver.
The case is No. SC-2025-0160 (Ala.).