Joint and Several Liability in South Carolina
State-specific overview · Tort Law
South Carolina applies joint and several liability to all defendants without comparative fault thresholds or caps.
How South Carolina treats Joint and Several Liability
South Carolina courts permit plaintiffs to hold any defendant fully liable for the entire judgment, regardless of that defendant's share of fault. The state has not enacted comparative negligence restrictions that would limit joint and several liability to defendants above a certain fault percentage. South Carolina's approach allows plaintiffs to pursue recovery from any defendant in the case, including those with minimal responsibility. The doctrine applies broadly across tort and personal injury actions.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability 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.