The opinion
I agree with the majority regarding assumption of the risk. It is best left to a jury's determination in this case.
My sole reason for concurring specially is to further emphasize the potential hazard of using at trial evidence of changes made to the premises after the incident, such as those changes indicated by Ms. McClendon's affidavit and noted by the majority in its opinion. Evidence of subsequent remedial measures is subject to limited admissibility. Phar-Mor, Inc. v. Goff , 594 So.2d 1213 (Ala. 1992).