NOTE: Under the state’s Emergency Health Powers Act and existing state law, health-care providers responding to the COVID-19 pandemic have immunity from prosecution except in cases of gross negligence or willful or wanton misconduct.
What’s a Statute of Limitations?
A statute of limitations is a state law that sets a strict time limit on how long a plaintiff has to bring their case to the attention of a court.
Does South Carolina Have a Statute of Limitations?
Yes: All states have statutes of limitations that dictate the amount of time a plaintiff has to file a legal claim.
How Long Is the Statute of Limitations in SC?
For civil cases, the average statute of limitations in SC is three years, though deadlines can vary based on the circumstances of a specific case. Criminal cases have no statute of limitations in SC.
What Is the South Carolina Statute of Limitations on Personal Injury Claims?
The South Carolina statute of limitations for personal injury cases is three years. However, state law allows for the application of the discovery rule, which can delay the expiration of the personal injury statute of limitations in South Carolina. This means that if a person does not discover their injury right away, the three-year clock on the personal injury statute of limitations in South Carolina does not begin to run until the injury is or should have been discovered.
“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
Toxic tort claims are covered by the same statute of limitations as personal injury cases.
“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.” (Grillo v. Speedrite Prods., Inc. 532 S.E.2d 1 (S.C. 2000))
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. § 15-3-530)
What Is the Statute of Limitations on a Malpractice Suit?
The SC medical malpractice statute of limitations is three years. However, you may be able to sue a doctor more than three years after you were injured due to the discovery rule: In SC, the medical malpractice statute of limitations runs from either the date of injury or the date the injury reasonably could have been discovered.
“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)
Malpractice (Other Professions)
The statute of limitations for other types of malpractice is three years. The discovery rule applies.
Product 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)
No statute of repose applies: “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)).” (Thorton v. Cessna Aircraft Co., 703 F.Supp.1228, 1233 (D.S.C. 1988))
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)
What Is the Statute of Limitations on Debt in South Carolina?
The statute of limitations on debt in South Carolina is three years.
Municipal Liability/Sovereign Immunity
Under the South Carolina Tort Claims Act, the state may be held liable for torts, but limitations and exceptions apply. If a notice of claim is filed, the statute of limitations is three years; if no notice of claim is filed, the statute of limitations is two years. Damages are capped, and no punitive damages are allowed.
Is SC a Contributory Negligence State?
South Carolina is not a contributory negligence state: Instead, it follows the doctrine of modified comparative negligence. This means that a plaintiff may recover damages if they were less than 51% to blame for their injuries, and the amount awarded will be reduced by their percentage of fault.
Charitable Immunity
Charitable organizations do not have immunity, but claims are restricted by statute.
Legal Disabilities
For cases involving minors (younger than 18), incompetents, and the insane, the statute of limitations runs from the termination of this legal disability. The statute of limitations may be extended no more than five years for cases not involving minors; for child plaintiffs, the maximum extension is one year after they turn 18.
Punitive Damages
Punitive damages are allowed in some cases, but the plaintiff must present clear and convincing evidence of malice or reckless indifference to the health, safety, and welfare of others.
No-Fault Insurance
No-fault insurance is optional in South Carolina.
Consumer Fraud Complaints
The South Carolina Department of Consumer Affairs handles complaints of consumer fraud. Complaints can be submitted online or by mail. For more information, call (803) 734-4200 or 1-800-922-1594 (toll-free in South Carolina).