SC Bar Torts and Negligence 3

Question 1

Under South Carolina's attractive nuisance doctrine, a landowner may be liable to a trespassing child if:

Accepted Answer

An artificial condition posed a foreseeable risk to children unable to appreciate the danger

Answer

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:

Accepted Answer

Strict liability if the victim was lawfully present and did not provoke the dog

Answer

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:

Accepted Answer

Severally liable only for its proportionate share because it is less than 50% at fault

Answer

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?

Accepted Answer

South Carolina does not recognize res ipsa loquitur

Answer

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:

Accepted Answer

Close relationship to the victim, presence near the scene, and emotional distress manifesting physically

Answer

Kinard v. Augusta Sash & Door requires a close relationship, proximity to the accident, contemporaneous perception, and physically manifested distress.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Torts and Negligence 3