{"id":376248,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-carolina-law\/south-carolina-negligence-laws.html"},"modified":"2023-01-10T12:14:56","modified_gmt":"2023-01-10T17:14:56","slug":"south-carolina-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-negligence-laws.html","title":{"rendered":"South Carolina Negligence Laws"},"content":{"rendered":"\n
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South Carolina Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most personal injury cases hinge on the legal theory of negligence, whereby an individual who owes a duty to another fails to exercise a certain degree of care, causing injury. For instance, a restaurant whose cook fails to check the temperature of a roasted chicken may be held negligent for the diners’ resulting food poisoning. The defendant is only liable if they owe a particular duty to the plaintiff. For example, if a diner with celiac disease fails to mention this to the restaurant staff and ends up ingesting gluten (which people with celiac disease can’t consume), then it’s the diner’s (not the restaurant’s) fault.<\/p>\r\n

Each state decides how to distribute fault between the defendant and the plaintiff or other defendants. In most states, including South Carolina, the negligence system is a "modified comparative negligence<\/a>" system where you can collect even if you were partly at fault for the harm done to you.<\/p>\r\n

This article provides a brief overview of negligence laws in the state of South Carolina.<\/p>\r\n

The Elements of Negligence<\/h2>\r\n

Negligence is the legal doctrine that requires people to conduct themselves in a way that conforms with their legal duties and what reasonable people would do. In general, the elements of negligence<\/a> are:<\/p>\r\n