§ 31-1 Premises Liability - Elements

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

§ 31-1 Premises Liability - Elements

This is an action in which the plaintiff alleges or claims that he has suffered injuries to his person for which the defendant is responsible in damages.

In order to recover in a premises liability case, the plaintiff must prove:

(1) a duty of care owed by the defendant to the plaintiff;
(2) defendant's breach of that duty by a negligent and/or reckless act or omission;
(3) defendant's breach was the actual and proximate cause of the plaintiff's injury; and
(4) plaintiff suffered an injury or damages.

The first element in a cause of action for premises liability is the existence of a legal duty of care owed by the defendant to the plaintiff. In a premises liability action, the duty owed is determined by the status of the plaintiff. That is, the duty of the owner or occupier toward a person to maintain his land...