STATE LAW – SOUTH CAROLINA LIBRARY – GUIDE 17
South Carolina Modified Comparative Negligence & the Greater-Than-50% Bar
South Carolina follows modified comparative negligence. A plaintiff may recover so long as the plaintiff’s negligence does not exceed the combined negligence of the defendants; damages are reduced in proportion to the plaintiff’s fault. A plaintiff whose fault is greater than 50% is barred.
- A claimant at exactly 50% fault may recover 50% of otherwise recoverable damages.
- A claimant above 50% fault is barred.
- Preserve evidence relevant to speed, traffic controls, visibility, distraction and causation.
- Analyze apportionment and settlement effects separately from insurance coverage.
Current-law review: September 17, 2026. South Carolina uses a greater-than-50% bar, not a 50%-or-more bar.
PUBLIC-INTEREST LEGAL EDUCATION
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Official South Carolina sources
South Carolina Legislature · South Carolina Department of Insurance · South Carolina Judicial Branch