32.28 [1995 Revision] Comparative Fault-Invitee Injured-Failure to Keep a Lookout

Instruction No 1 32.28 [1995 Revision] Comparative Fault--Invitee Injured--Failure to Keep a Lookout In your verdict you must assess a percentage of fault to plaintiff [whether or not defendant was partly at fault] if you believe: First, plaintiff knew or by using ordinary care could have known that there was (here describe substance on floor that caused the fall ) on the floor of defendant's store and as a result the floor was not reasonably safe, and Second, plaintiff failed to use ordinary care to keep a careful lookout, and Third, such failure directly caused or directly contributed to cause any damage plaintiff may have sustained.