MD Bar Practice Questions - Maryland Bar Examination (NextGen UBE) Exam

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A shopper slips on a spilled liquid in a Maryland grocery store. The store argues the shopper was looking at her phone and not watching the floor. In a contributory negligence jurisdiction like Maryland, on whom does the burden of proving contributory negligence fall?

The defendant, who must plead and prove contributory negligence as an affirmative defense The plaintiff, who must disprove her own fault The court, which determines fault as a matter of law Neither party; the jury allocates fault automatically

Correct Answer:

The defendant, who must plead and prove contributory negligence as an affirmative defense

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