SC Bar Torts and Negligence 3 — Questions and Answers
Question 1: Under South Carolina's attractive nuisance doctrine, a landowner may be liable to a trespassing child if:
- Any natural condition injures a child on the land
- The child was over 18 but immature
- The landowner posted no-trespassing signs
- An artificial condition posed a foreseeable risk to children unable to appreciate the danger (Correct answer)
Correct answer: An artificial condition posed a foreseeable risk to children unable to appreciate the danger
Liability attaches for artificial conditions likely to attract children who cannot appreciate the risk, when the burden of eliminating the danger is slight.
Question 2: In South Carolina, a dog owner's liability for a dog bite is:
- Strict liability if the victim was lawfully present and did not provoke the dog (Correct answer)
- Based only on prior knowledge of viciousness (one-bite rule)
- Limited to negligent leash violations
- Nonexistent unless the dog was a dangerous breed
Correct answer: Strict liability if the victim was lawfully present and did not provoke the dog
S.C. Code § 47-3-110 imposes strict liability on owners when the victim was lawfully on the premises and did not provoke the animal.
Question 3: A plaintiff sues two defendants in a South Carolina negligence action and is found 20% at fault, with defendants at 30% and 50%. Under joint and several liability rules, the 30% defendant is:
- Liable for the plaintiff's share too
- Severally liable only for its proportionate share because it is less than 50% at fault (Correct answer)
- Jointly liable for the full judgment
- Not liable at all
Correct answer: Severally liable only for its proportionate share because it is less than 50% at fault
Under S.C. Code § 15-38-15, a defendant less than 50% at fault is liable only for its proportionate share of damages.
Question 4: Which of the following best states the res ipsa loquitur doctrine's status in South Carolina?
- It shifts the burden of proof to the defendant
- It applies only in medical malpractice cases
- South Carolina does not recognize res ipsa loquitur (Correct answer)
- It creates a mandatory presumption of negligence
Correct answer: South Carolina does not recognize res ipsa loquitur
South Carolina is one of the few states that has expressly rejected the doctrine of res ipsa loquitur.
Question 5: To recover for negligent infliction of emotional distress as a bystander in South Carolina, the plaintiff generally must show:
- Only that they later learned of the accident
- A contractual relationship with the defendant
- That they were also physically injured in the accident
- Close relationship to the victim, presence near the scene, and emotional distress manifesting physically (Correct answer)
Correct answer: Close relationship to the victim, presence near the scene, and emotional distress manifesting physically
Kinard v. Augusta Sash & Door requires a close relationship, proximity to the accident, contemporaneous perception, and physically manifested distress.
Question 6: In a South Carolina medical malpractice action, a plaintiff must generally file with the complaint:
- A Notice of Intent to Sue and an expert affidavit specifying the negligent acts (Correct answer)
- A jury demand only
- A settlement offer to the physician
- Proof of insurance coverage
Correct answer: A Notice of Intent to Sue and an expert affidavit specifying the negligent acts
S.C. Code § 15-79-125 requires a Notice of Intent to Sue accompanied by an expert affidavit before filing suit.
Question 7: A store customer slips on a grape in a South Carolina supermarket. To prevail, the customer must generally prove:
- That the grape was on the floor for any length of time
- The store created the hazard or had actual or constructive notice of it (Correct answer)
- Only that a fall occurred on the premises
- That the store guaranteed customer safety
Correct answer: The store created the hazard or had actual or constructive notice of it
Premises liability for a foreign substance requires proof the merchant placed it there or had actual or constructive knowledge and failed to remedy it.
SC Bar Torts and Negligence 3
Under South Carolina's attractive nuisance doctrine, a landowner may be liable to a trespassing child if: