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South Carolina

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 4

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 8 years
Breach of Contract (Written) 3 years
Personal Property 3 years
Personal Injury 3 years
Warranty 6 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists
 


Garnishment

NO
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 


Parental Responsibility

Parents are not vicariously or strictly liable for torts caused by their minor children.  This rule does not apply to the family purpose doctrine which can impose liability on a parent if the minor causes a vehicular accident while driving for the benefit of family. Additionally, parents can be pursued for negligent entrustment or negligent supervision of a minor in cases where the risk to the plaintiff is reasonably foreseeable to the parent/guardian. Nothing prevents an action directly against a minor though the parent/natural guardian and the minor must be personally served a copy of the lawsuit.  There is an exception to parental liability up to $5,000.00 for damages negligently or intentionally caused to state property by a minor.  See S.C. Code Ann. §63-5-60
 


Subrogation by Landlord's Carrier against Tenant

No, unless tenant intentionally or with reckless disregard caused damage


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