Davenport v. Cotton Hope Plantation Horizontal Property Regime

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

Facts

Alvin Davenport was injured after falling down a dark stairway at his apartment complex, Cotton Hope Plantation, due to non-working floodlights he had previously reported. The trial court directed a verdict against Davenport, citing assumption of risk and greater than 50% negligence, but the Court of Appeals reversed, holding assumption of risk was subsumed by comparative negligence.

Issue

Does the doctrine of assumption of risk remain a complete bar to recovery in South Carolina after the adoption of a comparative negligence system, or should a plaintiff's assumption of risk be compared with the defendant's negligence?

Holding

The Supreme Court affirmed as modified, holding that the absolute defense of assumption of risk is incompatible with South Carolina's comparative fault system. A plaintiff is not barred from recovery unless their degree of fault, including assumption of risk, is greater than the defendant's negligence.

Rule

South Carolina's comparative negligence system subsumes the absolute defense of assumption of risk. A plaintiff's conduct in assuming a risk is now compared with the defendant's negligence, and recovery is only barred if the plaintiff's total fault exceeds the defendant's negligence. Express and primary implied assumption of risk remain unaffected.

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Case brief last reviewed 2026-01-16. Prepared by CaseReader from the published opinion.