How does comparative fault work in South Carolina?
1. Negligence Elements. South Carolina negligence requires duty, breach, proximate cause, and damages (Steinke v. S.C. Dep't of Lab., 336 S.C. 373). Foreseeability central to duty analysis.
2. Comparative Fault Regime. South Carolina adopted modified comparative fault in Nelson v. Concrete Supply Co., 303 S.C. 243 (1991): "a plaintiff in a negligence action may recover damages if his or her negligence is not greater than that of the defendant. The amount of the plaintiff's recovery shall be reduced in proportion to the amount of his or her negligence." Greater than 50% bars; 50% allowed. This is a 51% bar regime.
3. Joint and Several Liability. S.C. Code § 15-38-15 (2005 reform) — a defendant less than 50% at fault is severally liable only for its allocated share; a defendant 50% or more at fault remains jointly and severally liable. Exceptions for: intentional torts, alcohol-related torts under § 61-6-2220, certain product liability, environmental matters, and others enumerated.
4. Last Clear Chance / Sudden Emergency. Subsumed by Nelson. Sudden emergency remains a recognized doctrine.
5. Settling Tortfeasors. S.C. Code § 15-38-50 — release of one tortfeasor reduces claim by greater of consideration paid or settling party's pro rata share; good-faith settlement discharges contribution.
6. Statute of Repose vs SOL. Personal injury SOL is 3 years (S.C. Code § 15-3-530). Med-mal SOL is 3 years with 6-year repose (§ 15-3-545). Construction repose is 8 years (§ 15-3-640). Product liability SOL is 3 years from discovery.
7. Caps. Med-mal noneconomic capped at $350,000 per provider (adjusted; § 15-32-220) with $1,050,000 aggregate cap (3 providers). Tort Claims Act caps governmental liability at $300,000/$600,000 (§ 15-78-120). Punitive damages capped at greater of 3× compensatory or $500,000 (§ 15-32-530).
8. Wrongful Death Comparative. S.C. Code § 15-51-10 wrongful death applies comparative fault; decedent's fault reduces or bars recovery.
9. Worker Injuries. S.C. Code § 42-1-540 WC exclusivity. Third-party suits apply Nelson comparative fault.
This is legal information, not legal advice.
- Multi-provider med-mal case approaching § 15-32-220 aggregate cap
- Multi-defendant case where § 15-38-15 50% J&S threshold affects collection
- Claim against governmental entity subject to § 15-78-120 caps and notice
- S.C. Code § 15-38-15
- S.C. Code § 15-32-220
- S.C. Code § 15-3-530
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.