SC Bar Practice Questions - South Carolina Bar Examination Exam

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A defendant raises the affirmative defense of assumption of the risk in a South Carolina negligence case after the 1991 adoption of comparative negligence. How does South Carolina now treat assumption of the risk?

It remains a complete bar to recovery in all cases It was abolished entirely and may never be argued It increases the plaintiff's recovery It has been largely subsumed into the comparative-fault analysis rather than operating as an automatic complete bar

Correct Answer:

It has been largely subsumed into the comparative-fault analysis rather than operating as an automatic complete bar

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