Miller v. Archstone Communities Trust

As the majority notes,

“A landowner owes an invitee the legal duty ‘to exercise reasonable care and diligence to keep the premises in a reasonably safe condition for the uses contemplated by the invitation....’”

797 So.2d at 1102, quoting Shelton v. Boston Fin., Inc., 638 So.2d 824, 825 (Ala.1994). Where the plaintiff establishes that the defendant created the dangerous condition, the plaintiff need not introduce evidence indicating that the defendant had actual or constructive knowledge of that condition; notice is presumed under such circumstances. Nelson v. Delchamps, Inc., 699 So.2d 1259…