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| SOUTH CAROLINA |
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Negligence / Personal Injury
3 Yeasr3 years with Discovery Rule.
Products Liability
3 Years3 years with Discovery Rule.
Wrongful Death
3 Years3 years with Discovery Rule.
Medical Malpractice
3 Years 3 years with Discovery Rule but not to exceed 6 years (SOR)from date of occurrence. Foreign object: 2 years from discovery but minimum SOL is 3 years from placement. Minors: Maximum toll is 7 years or 1 year after reaching majority.
Intentional Torts
2 Years2 years
Fraud
3 Years3 Years. Case accrues at time of discovery.
Discovery Rule
Standard rule applies in S.C. except for medical malpractice cases.
Disabilities
For infants (18th birthday), incompetents, and insane persons, SOL runs from termination of disability. Maximum of 5 years, unless infant and then it is a maximum of 1 year from end of disability.
Charitable Immunity
Abolished, but restricted by statute as to level of proof and amount recoverable.
Comparative Negligence
Rule applies unless plaintiff is more than 50% responsible.
Sovereign Immunity
State liable for torts, same as private individual, with limitations and exemptions.
Punitive Damages
Plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to highly unreasonable risk of harm and conscious indifference to health, safety, and welfare of others. Specific exceptions and regulations exist.
Consumer Fraud Complaint
South Carolina Department of Consumer Affairs
(803) 734-4200
(800) 922-1594 (toll free in South Carolina) |
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