Davenport v. Cotton Hope Plantation Horizontal Property Regime
FACTS
Def began reporting floodlights on stairway did not work, made several phone calls. However, he continued to use the stairs, one evening he fell when he saw a shadow from a light that was out which he mistook for a star while not using the handrail.
ISSUE
Is the assumption of risk a complete bar to recovery under the rules of S.C. comparative negligence system?
HOLDING
A Pl. is not barred from recovery by the doctrine of assumption of risk unless the degree of fault arising therefrom is greater than the negligence of the defendant.
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FACTS
Def began reporting floodlights on stairway did not work, made several phone calls. However, he continued to use the stairs, one evening he fell when he saw a shadow from a light that was out which he mistook for a star while not using the handrail.
ISSUE
Is the assumption of risk a complete bar to recovery under the rules of S.C. comparative negligence system?
HOLDING
A Pl. is not barred from recovery by the doctrine of assumption of risk unless the degree of fault arising therefrom is greater than the negligence of the defendant.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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