DAVENPORT V. COTTON HOPE PLANTATION HORIZONTAL PROPERTY REGIME
508 S.E.2d 565 (1998)
NATURE OF THE CASE: This was a dispute over the effect of assumption of the risk. Cotton
(D) appealed a judgment, which held that assumption of risk had been abrogated by South
Carolina's adoption of comparative negligence.
FACTS: P was injured while descending a stairway near his apartment. P rented a condo
from the owner and the unit was on the top floor of a three floor building within D's
premises. There were three stairways that could have been used by P to access his rental
unit but P chose to use the middle stairway that was just five feet from his front door. Two
months prior to his fall, P reported to management that the flood lights on the middle
stairway were not working. When P used the stairway he tripped and fell. P sued D. The trial
court directed the verdict for D as P assumed the risk and it also held that P was more
negligent than D as a matter of law. This appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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