A. Definition

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

A. Definition

Negligence is the breach of a duty of care owed to the plaintiff by the defendant. Generally, under common law, there is no duty to act. "An affirmative duty to act exists only if created by statute, contract, relationship, status, property interest, or some other special circumstance."¹

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Notes:

^[1]Carson v. Adgar, 326 S.C. 212, 486 S.E.2d 3 (1997); Burns v. South Carolina Commission for the Blind, 323 S.C. 77, 448 S.E.2d 589 (Ct. App. 1994); Rayfield v. South Carolina Dept. of Corrections, 297 S.C. 95, 374...