The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a handicapped pedestrian using an assistance dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind pedestrian not carrying a cane or a handicapped pedestrian not using an assistance dog in any of the places, accommodations, or conveyances listed in Section 43-33-20, has all the rights and privileges conferred by law upon other persons. The failure of a totally or partially blind pedestrian to carry a cane or the failure of a handicapped pedestrian to use an assistance dog in any of these places, accommodations, or conveyances does not constitute negligence.
HISTORY: 1962 Code Section 71-300.53; 1972 (57) 2617; 1983 Act No. 57 Section 2; 1987 Act No. 147 Section 2, eff June 4, 1987.
Structure South Carolina Code of Laws
Chapter 33 - Rights Of Physically Disabled Persons
Section 43-33-10. Declaration of policy.
Section 43-33-25. Use of motorized chairs or carts by handicapped on beaches.
Section 43-33-40. Unlawful interference with rights of blind or other physically disabled person.
Section 43-33-50. White Cane Safety Day.
Section 43-33-60. Policy regarding employment of blind and other physically disabled persons.
Section 43-33-210. Definitions.
Section 43-33-230. Complaints.
Section 43-33-310. Legislative findings.
Section 43-33-330. Appointment of board.
Section 43-33-340. Definitions.
Section 43-33-350. Powers and duties of System.
Section 43-33-360. Interview of complainant.
Section 43-33-370. Authority of system upon receipt of written request to investigate complaint.
Section 43-33-380. Information not to be disclosed unless authorized in writing.
Section 43-33-510. Short title.
Section 43-33-520. Guaranteed opportunities.
Section 43-33-530. Discrimination prohibited without reasonable justification.
Section 43-33-540. Injunctive relief or civil damages for persons discriminated against.
Section 43-33-560. Handicap, handicapped, and mental impairment defined.