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Comparative negligence is a legal doctrine that apportions fault when the victim shares blame for a personal injury accident. South Carolina comparative negligence reduces compensation by the plaintiff’s percentage of fault and bars compensation completely when the victim is 51% or more at fault for an accident.
The experienced Columbia personal injury lawyers at Shealey Law Firm explain South Carolina comparative negligence law and what you need to know.
Understanding South Carolina Negligence Law
South Carolina negligence law states that if someone is at fault for an accident, they may owe the victim compensation. The negligence standard is the legal standard used to determine if someone has fault for causing an accident.
Negligence is the failure to use due care that a person of ordinary prudence would use under the circumstances.
When a person is negligent, they fail to exercise reasonable care and caution. They don’t consciously want harm, but they do something, or fail to do something, that is unreasonable, creating a risk of harm. Negligence is a flexible standard that can be used to evaluate conduct on a case-by-case basis.
What Is Comparative Negligence in South Carolina?
Comparative negligence in South Carolina is the idea that fault can be shared. Even if the victim is the one who is hurt, they may have done something that contributed to their own injuries.
Comparative negligence is the system used to determine how much compensation the victim should receive when they are partially at fault because of their own negligence.
South Carolina Comparative Negligence – How It Works
The jury has several important tasks in a personal injury claim. If the parties don’t agree on what happened, the jury hears the evidence from both sides and decides. They then evaluate the facts to determine who acted negligently. They also decide if comparative negligence applies.
- If the defendant did not act negligently, they are not liable to pay compensation.
- If the defendant acted negligently, they may be liable to pay compensation.
- When the defendant is the only one responsible, they are liable for 100% of the victim’s damages, as allowed by law.
- If the victim (plaintiff) is zero to 50% responsible, they may receive compensation, but their compensation is reduced by their percentage of fault.
- When a victim is 51% or more responsible, they receive no compensation, even if others also acted negligently.
The jury decides what percentage of fault to assign to the plaintiff. S.C. Code § 15-38-15 addresses situations with multiple tortfeasors.
How Fault Is Calculated After an Accident
Calculating fault after an accident starts by assigning a percentage of fault to each party.
For one to 50% fault, the plaintiff’s compensation is reduced by that same percentage.
For example, the plaintiff’s damages, allowed by law, are $100,000. Each percentage of fault reduces compensation by $1,000. If the victim is 30% at fault, they would receive 70% of $100,000, or $70,000. If they were 50% at fault, their compensation is reduced by half. They would be awarded $50,000 in compensation.
Understanding the 51% Bar Rule
In South Carolina, if the victim is 50% at fault, they may recover half of their damages. If they are 51% at fault, they receive no compensation.
This is called the 51% Bar Rule. You may hear it referred to as modified comparative negligence or comparative fault.
What to know about comparative negligence in South Carolina
- Comparative negligence is an affirmative defense. If the defense wants the jury to consider comparative negligence, they must raise it as a defense.
- Assumption of the risk is subsumed into comparative negligence (Davenport v. Cotton Hope Plantation, 333 S.C. 71 (1998)).
- Punitive damages are not reduced under comparative negligence (Clark v Cantrell, 339 S.C. 369 (2000)).
- Negligence may be compared to recklessness. All forms of fault may be compared and offset (Berberich v. Jack, S.C. (2011)).
Comparative negligence may have no or little impact on your case, or it may be the key issue.
Can Comparative Negligence Reduce Your Settlement?
Even though it’s the jury’s job to apportion fault, most cases are resolved by settlement. An experienced attorney can evaluate how comparative negligence may be assessed in your case. With an honest case evaluation, you have some insight into how the jury may decide fault if your case proceeds to trial. This knowledge may help with effective settlement negotiations.
Why You Need an Experienced Columbia Criminal Defense Lawyer to Prove the Other Party’s Fault
An experienced Columbia criminal defense lawyer can help you:
- Build evidence of the defendant’s fault.
- Determine if there are multiple defendants to name in a case.
- Respond to allegations of fault.
- Provide honest legal advice about comparative negligence.
- Explain South Carolina negligence laws.
- Research and brief on important issues.
- Answer your questions.
- Prepare a custom legal strategy.
Proving fault is a critical step in winning your case for compensation. An experienced lawyer knows how to investigate, build evidence, and pursue your compensation.
Talk to a Lawyer
If you have been in an accident, we invite you to talk to a lawyer at Shealey Law Firm. Learn what comparative negligence is and how it may apply in your situation. Call or message us now.