§ 31-24 Premises Liability - Proof of Constructive Notice

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

§ 31-24 Premises Liability - Proof of Constructive Notice

Constructive notice may be proved by showing that the material had been on the floor sufficiently long so that the defendant was negligent in failing to discover and remove it. That is to say, a customer can establish the storekeeper's constructive knowledge of the dangerous condition by showing that the foreign substance had been on the floor for a sufficient length of time so that the storekeeper would or should have discovered and removed the substance had the storekeeper used ordinary care.

The question whether the foreign substance was on the floor for such a length of time as to infer that the storekeeper was negligent in not discovering and removing the substance is not one that can be...