§ 23-9 Comparative Negligence - Last Clear Chance Doctrine

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 23-9 Comparative Negligence - Last Clear Chance Doctrine

In determining the relative percentages of negligence for the plaintiff and the defendant, you should consider, as a factor relevant to the defendant's share of negligence, whether the plaintiff was in peril and unable to extricate himself from the peril. If the plaintiff was in peril, you should also consider whether the defendant was aware of that peril and if he was, whether the defendant could have then avoided the injury to the plaintiff if the defendant had used due care at that point.

NOTE: In Spahn v. Town of Port Royal, 330 S.C. 168...