Alabama Supreme Court Appellate Alert: Decisions from May 8, 2026

PDF

The Alabama Supreme Court issued its weekly release list on Friday, May 8, which included the following orders and opinions of interest to the business community:

• Joseph v. Caritas of Birmingham—This premises-liability case involves the distinction between “total darkness” and “partial or poor light.” After serving food at a wedding reception hosted by Caritas, Joseph exited Caritas’s facility at night, in the dark, and fell off a loading dock she did not see. She sued Caritas for negligence, and the trial court entered summary judgment for Caritas. By a vote of 6-2, the Supreme Court reversed and remanded. Under Alabama law, premises owners have no duty to warn business invitees about dangers concealed by “total darkness,” because total darkness is an obvious danger to someone proceeding through unfamiliar surroundings. Premises owners are not excused of that duty, however, when lighting is merely “dim” or “partial” and the injury occurs in an area that the owner expects the invitee to use. Although Joseph acknowledged that the area in which she fell was “pitch black,” she also testified that there was moonlight and that she could see her hand in front of her and the area immediately in front of her feet. This, combined with the fact that Caritas directed her to the exit she used, was enough to raise a question of fact as to whether the case involved “total darkness” or “partial or poor light” that “could mislead” someone “into thinking that he or she would be able to see and to avoid any hazards.”

If you have questions about this decision or want to discuss any other matters relating to Alabama appellate law, please do not hesitate to reach out to any member of Maynard Nexsen’s Appellate Group.