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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


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


(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

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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