SC Bar Torts and Negligence 2

Question 1

Under South Carolina's modified comparative negligence rule, a plaintiff is barred from recovery when their fault is:

Accepted Answer

Greater than 50% of the total fault

Answer

South Carolina follows the 51% bar rule, so a plaintiff may recover only if their negligence does not exceed that of the defendant(s).

Question 2

A landowner in South Carolina owes an invitee which duty of care?

Accepted Answer

To discover and warn of or make safe non-obvious dangerous conditions

Answer

Invitees are owed the highest duty, requiring reasonable inspection and correction or warning of hidden hazards.

Question 3

In a South Carolina negligence per se claim based on a statutory violation, the plaintiff must show the statute was designed to:

Accepted Answer

Protect a class of persons including the plaintiff from the type of harm suffered

Answer

Negligence per se requires that the plaintiff be within the protected class and the harm be of the type the statute was meant to prevent.

Question 4

Under South Carolina law, the statute of limitations for most personal injury negligence actions is:

Accepted Answer

Three years from when the injury was or should have been discovered

Answer

S.C. Code § 15-3-530 sets a three-year limitations period, subject to the discovery rule.

Question 5

A defendant negligently causes a car crash, and the plaintiff's injuries are worsened by a physician's negligent treatment. Under South Carolina proximate cause principles, the original defendant is:

Accepted Answer

Liable for the aggravated injuries because negligent medical treatment is foreseeable

Answer

Negligent medical treatment of an injury caused by the defendant is a foreseeable intervening cause that does not break the causal chain.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Torts and Negligence 2