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South Carolina

Negligence in South Carolina

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Duty

    The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.

  2. 2

    Breach

    The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.

  3. 3

    Causation

    The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.

  4. 4

    Damages

    The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.

Burden of proof

Preponderance of the evidence, more likely than not.

A South Carolina fact pattern

Negligence in south-carolina.

Statute of limitations

3 years

S.C. Code § 15-3-530(5)

Three years from when the person knew or should have known of the claim (§ 15-3-535).

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