South Carolina Tort Reform laws determine how much time you have to file a mass tort claim, whether your state caps the damages you can recover, and how your own fault percentage affects your payout.
This South Carolina tort reform guide covers every rule that matters if you are considering a mass tort lawsuit — statute of limitations deadlines, damage caps, comparative fault, and which major active lawsuits affect South Carolina residents the most. Understanding South Carolina tort reform before you talk to a lawyer helps you know what to expect.
Verified against South Carolina statutes and official sources as of May 2026.
In This South Carolina Tort Reform Guide:
South Carolina Tort Reform Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. Under South Carolina tort reform rules, the time limit depends on the type of injury. Missing your deadline means you lose your right to sue entirely, regardless of how strong your case may be.
| Injury Type | Time Limit |
|---|---|
| Personal Injury | 3 years from date of injury or discovery under S.C. |
| Wrongful Death | 3 years from the date of death under S.C. |
| Product Liability | 3 years from the date the injury caused by the defective product is discovered, governed by S.C. |
| Medical Malpractice | 3 years from the date of treatment or discovery under S.C. |
Personal injury details: Code Section 15-3-530(5). For minors, the SOL is tolled until age 18, giving them until their 21st birthday. For government defendants under the SC Tort Claims Act (Section 15-78-110), the SOL is 2 years from discovery.
Wrongful death details: Code Section 15-3-530(6). Only the executor or administrator of the estate may file, not individual family members. Beneficiaries follow intestacy order.
Product liability details: Code Section 15-3-530 and the strict liability statute Section 15-73-10.
Medical malpractice details: Code Section 15-3-545(A), with a 6-year absolute statute of repose from the date of the occurrence. Foreign object exception: 2 years from discovery with no less than 3 years from placement, and no repose cap applies.
Discovery rule: YES — South Carolina follows the discovery rule. The statute of limitations begins on the earlier of the date the injury is actually discovered or the date it reasonably should have been discovered. This applies to personal injury, product liability, and medical malpractice claims.
Statute of repose: YES for construction defects — 8 years from substantial completion under S.C. Code Section 15-3-640. A certificate of occupancy constitutes proof of substantial completion. Does not apply to claims involving fraud, gross negligence, or recklessness (Section 15-3-670). YES for medical malpractice — 6-year absolute repose built into Section 15-3-545(A), except foreign object cases which have no repose period. NO statute of repose for product liability.
These South Carolina tort reform deadlines apply to most mass tort claims. However, some MDLs have their own rules — for example, the Camp Lejeune Justice Act created a special two-year filing window.
Always verify your specific deadline with a licensed attorney, as South Carolina tort reform statutes may have exceptions not listed here.
South Carolina Tort Reform Damage Caps
Damage caps limit how much money you can recover in a lawsuit, even if a jury awards you more. South Carolina tort reform damage cap rules affect mass tort settlements and verdicts directly.
Understanding these limits helps you set realistic expectations for potential compensation under South Carolina tort reform law.
| Damage Type | Cap |
|---|---|
| Non-Economic (Pain & Suffering) | NO CAP on non-economic damages in general personal injury cases. |
| Punitive Damages | YES — under S.C. |
| Total Damages | NO CAP on total damages in general tort cases. |
| Medical Malpractice | YES — separate non-economic damage caps under the Noneconomic Damage Awards Act. |
Non-economic damages details: Caps apply only in medical malpractice (see med_mal_damage_cap). No cap on economic damages in any case type.
Punitive damages details: Code Section 15-32-530. Standard cap: the greater of 3x compensatory damages or 500000. Enhanced cap (unreasonable financial gain or pattern of similar conduct): the greater of 4x compensatory damages or 2000000. NO CAP when defendant acted with specific intent to harm, was under the influence of alcohol or drugs, or has a felony conviction related to the conduct. The 500000 and 2000000 thresholds are adjusted annually for inflation by the SC Revenue and Fiscal Affairs Office. Cap amounts may not be disclosed to the jury.
Total damages details: Government defendants under the SC Tort Claims Act are capped at 300000 per person per occurrence and 600000 total per occurrence, with 1200000 for medical malpractice by government-employed physicians. No punitive damages or prejudgment interest against government entities.
Medical malpractice cap details: As of 2026, the inflation-adjusted caps are 580461 per claimant per single defendant and 1741383 aggregate total across multiple defendants. These are adjusted annually for inflation by the SC Revenue and Fiscal Affairs Office. Statutory base amounts set in 2005 were 350000 per defendant and 1050000 aggregate. No cap on economic damages in med mal cases.
South Carolina tort reform caps can significantly reduce your recovery in a mass tort case. If South Carolina caps non-economic damages, your pain and suffering award is limited regardless of injury severity.
Some caps have been challenged as unconstitutional in South Carolina courts — check with a local attorney for the current status of any South Carolina tort reform cap.
South Carolina Tort Reform Comparative Fault Rule
Comparative fault determines whether you can recover damages if you share some responsibility for your injuries. Under South Carolina tort reform rules, defendants in mass tort cases often argue that the plaintiff contributed to their own harm (for example, by continuing to use a product after a recall).
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South Carolina follows a modified comparative fault (51% bar) system. You can recover damages as long as your fault does not reach 51% or more. If you are 50% at fault, you can still recover (reduced by 50%). If you are 51% or more at fault, you recover nothing. This is the most common system in the United States.
If plaintiff is 30 percent at fault, damages are reduced by 30 percent and recovery is permitted. If plaintiff is 50 percent at fault, damages are reduced by 50 percent and recovery is still permitted. If plaintiff is 51 percent or more at fault, the plaintiff is completely barred from recovery and receives nothing. The plaintiff’s negligence is compared to the combined negligence of all defendants, not each individual defendant.
Joint and several liability: Modified joint and several liability under S.C. Code Section 15-38-15, updated by Act 42 of 2025 effective January 1 2026. A defendant found less than 50 percent at fault is liable only for that defendant’s proportionate share (several liability only). A defendant found 50 percent or more at fault is jointly and severally liable for all damages.
Full joint and several liability applies regardless of fault percentage when conduct was willful, wanton, reckless, grossly negligent, or intentional, or involved use/sale/possession of alcohol or illegal drugs. Act 42 also reinstated the empty chair defense, allowing defendants to add non-party tortfeasors to the verdict form and allocate fault to them.
Notable South Carolina Mass Tort Verdicts & Settlements
1) Michael Perry v. Johnson and Johnson (August 2024) — SC jury awarded 63.4 million (32.6M compensatory plus 30.7M punitive) for mesothelioma caused by J&J Baby Powder; jury found J&J conduct was willful, wanton, or reckless. 2) SC Opioid Settlements — South Carolina has received approximately 750 million total from national opioid settlements including a 72.8 million award from the 7.4 billion national pharmaceutical settlement, administered by SC Opioid Recovery Fund Board.
3) Paper Mill Pollution Settlement (September 2024) — Federal judge in SC approved 18 million settlement plus 85 million in remedial activities against paper mill operator for environmental contamination.
Note: Individual settlement and verdict amounts vary dramatically based on the specific facts of each case. These examples are provided for general context only and do not predict what you might recover.
Active Mass Tort Cases Affecting South Carolina Residents
Several major active Multidistrict Litigation (MDL) cases have significant numbers of plaintiffs from South Carolina:
1) AFFF/PFAS MDL 2873 — headquartered in the U.S. District Court for the District of South Carolina before Judge Richard Gergel with 15220+ personal injury claims; SC is the MDL hub. 2) Camp Lejeune — SC-based law firm Motley Rice in Mt. Pleasant is among the most active firms nationally representing claimants; significant SC plaintiff base. 3) Talc/Asbestos — SC identified as active jurisdiction and designated a Judicial Hellhole by ATRA for asbestos litigation; 63.4M verdict in 2024.
4) Opioids — SC received approximately 750 million in settlements administered by SC Opioid Recovery Fund Board. 5) Hair Relaxer MDL — SC plaintiff participation confirmed with SC-based firms actively recruiting; approximately 10567 active cases nationally as of 2025.
If you live in South Carolina and were affected by any of these products or exposures, you may be eligible to file a claim. South Carolina tort reform deadlines and damage caps still apply to your case, so check our individual MDL pages for specific eligibility criteria.
South Carolina Tort Reform Legislation
1) Act 42 of 2025 (H.3430) — Tort Reform and Liquor Liability Act, signed May 12 2025 by Governor McMaster, effective January 1 2026. Reinstated empty chair defense, allows non-party tortfeasor fault allocation on verdict forms, codifies 50 percent joint-and-several threshold, adds liquor liability insurance mandates. 2) S.2 of 2005 — Economic Development Citizens and Small Business Protection Act of 2005, effective July 1 2005.
Established medical malpractice non-economic damage caps, created punitive damage caps (3x/4x), allowed collateral source evidence, and enacted major venue reform. 3) Nelson v. Concrete Supply Co. 303 S.C. 243 (1991) — judicial adoption of modified comparative negligence replacing pure contributory negligence.
These South Carolina tort reform laws directly affect how mass tort claims are filed, what damages you can recover, and how long you have to act.
Always verify the current status of any law with the South Carolina State Bar Association or a licensed attorney.
Additional South Carolina Tort Rules
1) Empty chair defense reinstated effective January 2026 under Act 42 — defendants can file motions to add non-party tortfeasors to the verdict form and juries can assign fault percentages to parties who settled or were never sued; defendant bears burden of proving non-party was proximate cause.
2) Medical malpractice pre-suit notice: SC requires filing of a Notice of Intent to File Suit and expert affidavit before filing a medical malpractice action. 3) SC Tort Claims Act immunity: government entities are immune from punitive damages and prejudgment interest, with specific per-person and per-occurrence caps.
4) Collateral source rule: under the 2005 reform act, evidence of collateral source payments is admissible in tort actions. 5) Punitive damages procedural rules: bifurcated trial required for punitive damages; cap amounts may not be disclosed to the jury; clear and convincing evidence standard required. 6) AFFF MDL venue: the District of South Carolina is the centralized venue for all AFFF/PFAS personal injury cases nationally under MDL 2873. 7) South Carolina designated as a Judicial Hellhole by ATRA specifically for asbestos litigation, attracting significant forum shopping.
South Carolina Tort Reform Resources & Contacts
- South Carolina State Bar Association: https://www.scbar.org/
- South Carolina Attorney General: https://www.scag.gov/
- South Carolina Courts: https://www.sccourts.org/
- JPML (Federal MDL Data): jpml.uscourts.gov
- NCSL Tort Reform Tracker: ncsl.org
- Cornell LII — Tort Law: law.cornell.edu
This South Carolina tort reform guide was last verified against official sources in May 2026. If you notice outdated information, please contact us.
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Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.