Contributory Negligence in South Carolina
State-specific overview · Tort Law
South Carolina bars recovery if you are more than 50% at fault, using modified comparative negligence.
How South Carolina treats Contributory Negligence
South Carolina Code § 15-38-15 establishes that a plaintiff cannot recover if their negligence is greater than the negligence of the defendant(s) against whom recovery is sought. If negligence is equal at 50-50, you can recover your proportional share of damages. Your award is reduced by your percentage of fault, and the burden typically falls on the defendant to prove your comparative negligence.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.