Tuesday, October 25, 2011

Davenport v. Cotton hope Plantation Horizontal Property Regime case brief

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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