Comparative Negligence in South Carolina
State-specific overview · Tort Law
South Carolina bars recovery if the plaintiff is 50% or more at fault (modified comparative negligence).
How South Carolina treats Comparative Negligence
South Carolina follows the modified comparative negligence rule, barring recovery when a plaintiff's negligence is equal to or greater than the defendant's negligence. A plaintiff who is 50% at fault cannot recover; a plaintiff who is 49% at fault can recover 49% of their damages. This rule applies across personal injury and property damage cases in South Carolina courts.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.