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Ex. DUT-SC-020 Standing duty Primary source read

Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (S.C. 1991) (heard Jan. 7, 1991; decided Oct. 14, 1991)

Whether a private cause of action for damages may be instituted under S.C. Code Ann. §§ 61-9-40 and 61-9-410; the test for negligence per se from violation of a protective statute

Supreme Court of South Carolina (per curiam; certified question under Supreme Court Rule 46 from the United States District Court for the District of South Carolina) · South Carolina (Court)

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The record

Jurisdiction
South Carolina
Level
Court
Authority
Whitlaw v. Kroger Co., 306 S.C. 51, 53-54, 410 S.E.2d 251 (1991)
Issued
1991-10-14 Oct. 14, 1991
Effective
1991-10-14
End
standing (controlling South Carolina doctrine on statutory duties in negligence) (read as 2021-09-30)
In force
Standing since Oct. 14, 1991 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally; businesses as defendants in negligence
Character
adjudication
Collection
Standing duties: South Carolina DUT-SC

Operative words

If he then shows that the defendant violated the statute, he has proven the second element of a negligence cause of action: viz., that the defendant, by act or omission, failed to exercise due care. This constitutes proof of negligence per se.... The statute can establish a duty to plaintiff.... A breach of the duty can be found with a showing of violation of the statute.

Penalty

civil liability in negligence (negligence per se) upon proof of proximate cause

What it required

Under South Carolina law a statute whose essential purpose is to protect against the kind of harm suffered, and whose protected class includes the plaintiff, establishes the defendant's duty of care, and violation of the statute is negligence per se, subject to proof of proximate cause; a business's disregard of the communicable-disease statutes, the emergency orders having 'the force and effect of law', the sanitary regulations or the occupational-safety statute was therefore negligence per se toward the customers and employees those laws protect. Character as recorded: adjudication (negligence per se; common-law duty).

Retrieval note

Text of the opinion from the Harvard Law School Library Caselaw Access Project's digitization of 306 S.C. 51 (static.case.law). CourtListener holds the same opinion (cluster 1388380; dateFiled 1991-10-14) but blocks automated retrieval. The Court's formulation of the two-part Rayfield test: 'the plaintiff must show two things: (1) that the essential purpose of the statute is to protect from the kind of harm the plaintiff has suffered; and (2) that he is a member of the class of persons the statute is intended to protect.'.