SOUTH CAROLINA

Negligence / Personal Injury
3 Years Within three years:
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; S.C. Code Ann. § 15-3-530
Toxic Tort
3 Years Within three years:
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; S.C. Code Ann. § 15-3-530

A key element in the reasonable diligence test is notice. The fact that the injured party may not comprehend the full extent of the damage is immaterial. Grillo v. Speedrite Prods., Inc. 532 S.E.2d 1 (S.C. 2000) (reversing trial court's grant of summary judgment for defendants). Applying the discovery rule in this context, the determination to be made is when temporary symptoms become an “injury” from which the surrounding facts and circumstances should put a person on notice that a cause of action exists. Id. at 504-05
Wrongful Death
3 Years Within three years:
(6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought; S.C. Code Ann. § 15-3-530with Discovery Rule.
Medical Malpractice
3 Years In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5, Chapter 79, Title 38 acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section. S.C. Code Ann. § 15-3-545

In the medical malpractice context, our supreme court applied the reasonable diligence analysis under the general discovery rule set forth in Snell v. Columbia Gun Exchange, 276 S.C. 301, 278 S.E.2d 333 (1981). “ ‘[A]n injured party must act with some promptness where the facts and circumstances of the injury would put a person of common knowledge on notice that some right of his has been invaded or that some claim against another party might exist.’ ” Strong v. Univ. of S.C. Sch. of Med., 316 S.C. 189, 191, 447 S.E.2d 850, 852 (1994) (quoting Snell at 303, 278 S.E.2d at 334) (emphasis added).
Malpractice (Other Professions)
years with Discovery Rule.
Products Liability
3 Years

Within three years:
(5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; S.C. Code Ann. § 15-3-530

Discovery:

A plaintiff must bring a personal injury action within three years after the plaintiff knew or by the exercise of reasonable diligence should have known that she had a cause of action. S.C.Code Ann. § 15-3-530(5) and -535 (Supp.1999). Moriarty v. Garden Sanctuary Church of God, 534 S.E. 2d 672, 676 (S.C. 2000)“The important date under the discovery rule is the date that a plaintiff discovers the injury, not the date of the discovery of the identity of [the] wrongdoer.” Wiggins, supra. However, under section 15-3-535, “the statute of limitations is triggered not merely by knowledge of an injury but by knowledge of facts, diligently acquired, sufficient to put an injured person on notice of the existence of a cause of action against another.” True v. Monteith, 327 S.C. 116, 118, 489 S.E.2d 615, 617 (1997). No statute of repose. Thorton v. Cessna Aircraft Co., 703 F.Supp.1228, 1233 (D.S.C. 1988) (South Carolina has not enacted any statute of repose comparable to Tennessee’s statute. In addition, it is clear that under South Carolina law, a plaintiff is not foreclosed from bringing a product liability action solely because a specified period has elapsed since the product was first sold into the stream of commerce. See Mickle v. Blackmon, 252 S.C. 202, 166 S.E.2d 173 (1969)).

Fraud
3 Years Any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; S.C. Code 15-3-530.
Municipal Liability/Sovereign Immunity
If notice of claim filed, SOL is 3 years. If no notice of claim filed, SOL is 2 years with discovery rule. State liable for torts, same as private individual, with some limitations and exemptions, however. No punitive or exemplary damages or interest prior to judgment may be recovered.
Discovery Rule
Standard rule applies in S.C. except for medical malpractice cases.
Comparative Negligence
Rule applies unless plaintiff is more than 50% responsible.
Charitable Immunity
Abolished, but restricted by statute as to level of proof and amount recoverable.
Disabilities
For infants (18th birthday), incompetents, and insane persons, SOL runs from termination of disability. Maximum of 5 years, unless infant and then it is a maximum of 1 year from end of disability.
Punitive Damages
Plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to highly unreasonable risk of harm and conscious indifference to health, safety, and welfare of others. Specific exceptions and regulations exist.
No-Fault Insurance
Optional coverage
Consumer Fraud Complaint
South Carolina Department of Consumer Affairs
http://www.scconsumer.gov/
(803) 734-4200
(800) 922-1594 (toll free in South Carolina)

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