Negligence in South Carolina
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
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
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
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).
- A state Tort Claims Act file is often two years, with a notice clock inside Title 15, Chapter 78. Do not borrow the three-year private-driver number for a state vehicle.