Logourl black
From our private database of 14,200+ case briefs...

Davenport v. Cotton Hope Plantation Horizontal Property Regime

South Carolina Supreme Court
508 S.E.2d 565 (1998)


Facts

Alvin Davenport (plaintiff) rented a condominium on the top floor of a building owned by Cotton Hope Plantation Horizontal Property Regime (Cotton Hope) (defendant). There were three stairways leading to the top floor. Davenport notified Cotton Hope that the lighting in the stairway closest to his unit was not working, but he continued to use that stairway. Davenport tripped and was injured on the darkened stairway, and he brought suit against Cotton Hope. The trial court directed a verdict against Davenport based on his assumption of the risk. The trial court also found that even if comparative negligence applied, Davenport was more than 50 percent negligent. The court of appeals reversed, holding that the doctrine of assumption of risk had been subsumed by South Carolina's adoption of comparative negligence, and that the relative negligence of Davenport and Cotton Hope was a factual matter that the jury should have decided. The South Carolina Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Toal, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.