WA Bar Practice Questions - Washington Bar Examination (NextGen UBE) Exam

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A plaintiff slips on a clear liquid in a grocery store aisle and is injured. There is no direct evidence of how long the liquid was on the floor or who spilled it. The plaintiff invokes res ipsa loquitur. Why is res ipsa loquitur likely unavailable here?

Because the plaintiff was injured on private property Because grocery stores are immune from negligence suits Because the instrumentality was not within the store's exclusive control and the spill does not by itself bespeak negligence Because res ipsa loquitur applies only to intentional torts

Correct Answer:

Because the instrumentality was not within the store's exclusive control and the spill does not by itself bespeak negligence

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