South Carolina · Comparative Negligence

South Carolina Comparative Negligence Rule

South Carolina follows a modified 51% bar rule under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: South Carolina

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (court opinion)

Details for South Carolina

Modified comparative negligence with a 51% bar adopted judicially in Nelson v. Concrete Supply for causes of action arising on or after July 1, 1991. The plaintiff recovers when negligence is "not greater than" the defendant’s.

Related: South Carolina statute of limitations

South Carolina gives you 3 years to file a personal injury lawsuit under S.C. Code § 15-3-530.

See the full South Carolina statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed South Carolina attorney before relying on it.

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South Carolina Comparative Negligence FAQ

What comparative negligence rule does South Carolina follow?

South Carolina follows a modified 51% bar rule under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in South Carolina?

Yes, up to a point. In South Carolina you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in South Carolina?

Insurance adjusters argue percentage of fault to reduce what they pay. Because South Carolina bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in South Carolina?

South Carolina gives you 3 years to file a personal injury lawsuit under S.C. Code § 15-3-530.

Where can I read the actual rule?

The controlling authority is Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). The full text is available at https://law.justia.com/cases/south-carolina/supreme-court/1991/23303-2.html.

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