Negligence in South Carolina
State-specific overview · Tort Law
South Carolina uses modified comparative negligence, barring recovery if the plaintiff's negligence equals or exceeds the defendant's negligence.
How South Carolina treats Negligence
South Carolina follows a modified comparative negligence system where a plaintiff cannot recover if their negligence is equal to or greater than the defendant's negligence. If the plaintiff is less negligent, their recovery is reduced by their percentage of comparative fault. Courts apply the reasonable person standard to evaluate whether the defendant's conduct fell below the standard of ordinary care.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.