AL Bar Practice Questions - Alabama Bar Examination Exam

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A plaintiff slips on a wet floor in an Alabama grocery store and sues for negligence. The evidence shows the plaintiff was looking at his phone and did not see a clearly visible 'Caution: Wet Floor' sign. The store was also negligent in failing to mop promptly. How should an Alabama court most likely treat the plaintiff's inattentiveness?

Reduce the plaintiff's recovery by his comparative share of fault Ignore it because premises liability is strict liability in Alabama Shift the burden to the plaintiff to disprove the store's negligence Treat the plaintiff's inattentiveness as contributory negligence that completely bars recovery if it proximately contributed to the injury

Correct Answer:

Treat the plaintiff's inattentiveness as contributory negligence that completely bars recovery if it proximately contributed to the injury

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