Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

SOUTH CAROLINA

Negligence / Personal Injury

3 years with Discovery Rule.

Wrongful Death

3 years with Discovery Rule.

Medical Malpractice

3 years with Discovery Rule but not to exceed 6 years (SOR)from date of occurrence.  Foreign object: 2 years from discovery but minimum SOL is 3 years from placement. Minors: Maximum toll is 7 years or 1 year after reaching majority.

Malpractice (Other Professions)

3 years

Products Liability

3 years with Discovery Rule.

Intentional Torts

2 years

Fraud

3 Years. Case accrues at time of discovery.

Municipal Liability/Sovereign Immunity

If notice of claim filed, SOL is 3 years. If no notice of claim filed, SOL is 2 years. 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 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. Limits of recovery against charitable hospital to $100,000. Injured person may recover up to limits of uninsured or underinsured coverage if actual damages from injury or death arose from use or operation of motor vehicles and exceed $250,000.

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. SOL does not run during absence or concealment of defendant.

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.

Consumer Fraud Complaint

South Carolina Department of Consumer Affairs
http://www.scconsumer.gov/
(803) 734-4200
(800) 922-1594 (toll free in South Carolina)