§ 31-20 Premises Liability - Injury Caused by Dangerous or Defective Condition on Storekeeper's Premises - in General

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

§ 31-20 Premises Liability - Injury Caused by Dangerous or Defective Condition on Storekeeper's Premises - In General

The mere fact that an injury has been sustained is not, in and of itself, sufficient to impose liability. The customer must prove negligence and that such negligence was a proximate cause of the injury. The foundation of liability is actionable negligence.

To recover damages for injuries caused by a dangerous or defective condition on a storekeeper's premises, the plaintiff must show either:

(1) that the injury was caused by a specific act of the defendant which created the dangerous condition; or
(2) that the defendant had actual or constructive knowledge of the dangerous condition and failed to remedy it.

Unless it is inferable from the evidence that the storekeeper was responsible for creating the hazard, knowledge of its existence, either actual or constructive, is essential to recovery against him. The defendant will be charged with constructive notice whenever it appears that the condition has existed for such length of time prior to the injury that, under existing...