Davenport v. Cotton Hope Plantation Horizontal Property Regime

508 S.E.2d 565 · Supreme Court of South Carolina · 1998

Illustration of Davenport v. Cotton Hope Plantation Horizontal Property Regime

Facts

Alvin Davenport, a resident of Cotton Hope Plantation, sued Cotton Hope for injuries sustained after falling on a stairway near his apartment. Davenport fell after attempting to place his foot on what appeared to be a step but was really a shadow caused by broken floodlights, and he admitted not using the handrail. The Court of Appeals held that assumption of risk had been subsumed by South Carolina’s adoption of comparative negligence.

Issue

Is assumption of risk a doctrine which has, and should continue to maintain, a separate, independent, and distinct identity from contributory negligence?

Holding

The Court held that a plaintiff 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.

Rule

Under South Carolina's comparative negligence system, a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant.

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