South Carolina
South Carolina Punitive Damages Laws: Cap Tiers and Proof (2026)
Independently fact-checked against primary sources (last audited October 18, 2026). · 32 primary sources cited on this page. How we verify our legal content
South Carolina allows punitive damages "only if the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant's wilful, wanton, or reckless conduct" (S.C. Code 15-32-520(D)). Section 15-32-530 generally caps an award at the greater of three times the compensatory damages awarded to each claimant or $500,000, adjusted annually for inflation; the court raises the limit to the greater of four times compensatory damages or $2,000,000 for certain profit-driven or potentially felonious conduct, and removes it entirely for intent to harm, a felony plea or conviction, or substantial impairment by alcohol or drugs.
The wrongful death statute calls them "exemplary damages," which is the same remedy. No part of an award goes to the state, and punitive damages are barred against governmental entities under the Tort Claims Act. For how other states compare, see punitive damages laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers South Carolina state law on punitive damages in civil cases: Article 5 of Chapter 32 of Title 15 of the South Carolina Code (15-32-510 to 15-32-540), the burden-of-proof statute (15-33-135), the wrongful death statute's exemplary damages clause (15-51-40), the Tort Claims Act bar (15-78-120(b)) and the other statutes and decisions named below. It does not cover compensatory or noneconomic damages in medical malpractice cases (see South Carolina medical malpractice law), wrongful death procedure and beneficiaries (see South Carolina wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.
Does South Carolina allow punitive damages?
Yes. South Carolina courts award punitive damages, and since 2012 Article 5 of Chapter 32 of Title 15 has governed how they are pleaded, tried, proven and capped. That article, added by 2011 Act No. 52 effective January 1, 2012, applies to actions that accrue on or after that date.
Two other statutes frame the remedy. In any civil action where punitive damages are claimed, "the plaintiff has the burden of proving such damages by clear and convincing evidence" (15-33-135). And in a wrongful death action, "the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice" (15-51-40).
What must be proven
The conduct. Under 15-32-520(D), "punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant's wilful, wanton, or reckless conduct." Article 5 does not define wilful, wanton or reckless.
Compensatory or nominal damages first. Punitive damages "may be considered if compensatory or nominal damages have been awarded in the first stage of the trial" (15-32-520(C)).
The burden. Clear and convincing evidence, both under 15-32-520(D) and under the general rule in 15-33-135 for "any civil action where punitive damages are claimed."
Each defendant separately. "In an action with multiple defendants, a punitive damages award must be specific to each defendant, and each defendant is liable only for the amount of the award made against that defendant" (15-32-520(G)).
Is there a cap on punitive damages in South Carolina?
Yes, with three tiers. The jury decides the amount without being told of the limit, and the trial court then applies 15-32-530:
| Tier | When it applies | Limit |
|---|---|---|
| Base (15-32-530(A)) | Every award, unless (B) or (C) applies | Greater of three times the compensatory damages awarded to each claimant entitled thereto, or $500,000 as adjusted annually ($739,245 under the February 3, 2026 adjustment) |
| Enhanced (15-32-530(B)) | The court finds either listed ground below | Greater of four times the compensatory damages awarded to each claimant entitled thereto, or $2,000,000 |
| No cap (15-32-530(C)) | The court finds one of three listed grounds below | No cap |
Enhanced tier. If the verdict exceeds the base limit, the trial court "should first determine whether":
- "the wrongful conduct proven under this section was motivated primarily by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was known or approved by the managing agent, director, officer, or the person responsible for making policy decisions on behalf of the defendant"; or
- "the defendant's actions could subject the defendant to conviction of a felony and that act or course of conduct is a proximate cause of the plaintiff's damages."
The second ground does not require an actual conviction; it turns on whether the conduct "could subject the defendant to conviction of a felony."
No cap. Under 15-32-530(C), "there shall be no cap on punitive damages" when the trial court determines that:
- "at the time of injury the defendant had an intent to harm and determines that the defendant's conduct did in fact harm the claimant"; or
- "the defendant has pled guilty to or been convicted of a felony arising out of the same act or course of conduct complained of by the plaintiff and that act or course of conduct is a proximate cause of the plaintiff's damages"; or
- "the defendant acted or failed to act while under the influence of alcohol, drugs, other than lawfully prescribed drugs administered in accordance with a prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to the degree that the defendant's judgment is substantially impaired."
For other rules in vehicle crash cases, see South Carolina car accident law.
The jury is not told. "The limitation provided in subsection (A) may not be disclosed to the jury" (15-32-530(B)).
Inflation adjustment. "At the end of each calendar year, the Revenue and Fiscal Affairs Office must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December thirty-one of the previous year, and the maximum amount recoverable for punitive damages pursuant to subsection (A) must be increased or decreased accordingly" (15-32-530(D)). The $500,000 figure is the statutory base. The revised amount takes effect on publication in the State Register (15-32-530(D)), and the Revenue and Fiscal Affairs Office's memorandum of February 3, 2026 sets the adjusted limit at $739,245. The office posts each year's punitive damage limitation after publication in the Register. Subsection (D) refers to the subsection (A) amount.
Medical malpractice. The noneconomic damages cap in medical malpractice cases does not reach punitive damages: "The provisions of this section do not limit the amount of punitive damages in cases where the plaintiff is able to prove an entitlement to an award of punitive damages as required by law" (15-32-220(D)(2)). For the malpractice caps themselves, see South Carolina medical malpractice law.
Claim-specific limits. Some statutes outside Article 5 set their own measure for punitive or exemplary damages on a particular claim:
- Trade secrets: "Upon a finding of wilful, wanton, or reckless disregard of the plaintiff's rights, the court may award separate exemplary damages in an amount not exceeding twice any award made under subsection (A)" (39-8-40(C)).
- Unpaid sales representative commissions: "punitive damages in an amount not to exceed three times the amount of commissions due the sales representative," plus attorney's fees and costs (39-65-30).
- Unfair trade practices and antitrust acts: "if the jury finds that the defendant acted maliciously, the jury may award punitive damages not to exceed three times the actual damages" (56-15-110(3); 56-16-200(3)).
- Warehouse use of stored cotton without consent: "punitive damages not to exceed five thousand dollars" (39-19-50).
- Hazardous waste cleanup: the Department may recover on behalf of the State "punitive damages in an amount at least equal to and not more than three times the amount of costs incurred by the State" (44-56-200(C)(1)).
- County liability for lynching: where death ensues, the county is liable "in exemplary damages of not less than two thousand dollars" (15-51-210).
Statutes that pair punitive damages with multiplied or statutory damages. Several civil remedies allow punitive damages alongside treble or other enhanced damages, including trafficking in persons, where "treble damages must be awarded on proof of actual damages when the defendant's acts were wilful and malicious" (16-3-2060(A)); criminal gang violence and gang witness intimidation (16-8-240(D), 16-8-250(C)); the labor-rights remedy in 41-7-90(A), which allows "treble damages and punitive damages in addition to the actual damages" in the discretion of the court or jury; the animal-offense articles (47-21-90, 47-21-260); the abortion statutes, including $10,000 in statutory damages "for each violation of this article to be imposed on each defendant" (44-41-680(B)) and trebled actual damages (44-41-85(C)(2)); a common carrier's conversion of goods, which adds a penalty of "five times the value of the property" (58-13-260); and a child support agency's unlawful disclosure of a person's bank records, where the person may sue the Department of Social Services, its designee or their employees in federal district court and recover the greater of $1,000 per disclosure or actual damages plus punitive damages for a wilful or grossly negligent disclosure (63-17-2330).
Does South Carolina take a share of the award?
No. Article 5 (15-32-510 to 15-32-540) contains no provision sending any part of a punitive award to the state or a fund, and no general South Carolina statute does so. The hazardous waste statute above is different in kind: there the State itself is the plaintiff recovering punitive damages measured by its own response costs (44-56-200(C)(1)), not taking a share of a private award.
How a punitive damages claim is pleaded and tried
Pleading. "A claim for punitive damages must be specifically prayed for in the complaint," and "the plaintiff shall not specifically plead an amount of punitive damages, only that punitive damages are sought in the action" (15-32-510(A), (B)). Section 15-32-510 requires only the prayer; it sets no leave-of-court or preliminary-showing step.
Bifurcation on a defendant's request. "All actions tried before a jury involving punitive damages, if requested by any defendant against whom punitive damages are sought, must be conducted in a bifurcated manner before the same jury" (15-32-520(A)). In the first stage, the jury decides liability for compensatory damages and the amount of compensatory or nominal damages, and "evidence relevant only to the issues of punitive damages is not admissible at this stage" (15-32-520(B)). In the second stage, the jury decides whether the defendant is liable for punitive damages and, if so, the amount (15-32-520(E)).
Getting to the jury, and retrial. In Gurwood v. GCA Services Group, Inc. (S.C. Mar. 12, 2025), the Supreme Court of South Carolina held that on a motion for a directed verdict on punitive damages, "the trial court does not decide whether the evidence is clear and convincing, but only whether the jury could reasonably find that it is." It also held that reversing a directed verdict on punitive damages does not automatically require a new trial on all issues: unless another error requires reversing the liability and actual damages verdict, the retrial is on punitive damages only, but if the defendant invokes its 15-32-520(A) right to have actual and punitive damages tried before the same jury, the new trial covers all issues.
Factors for the amount. Under 15-32-520(E), the jury may consider all relevant evidence, including:
- the defendant's degree of culpability;
- the severity of the harm caused by the defendant;
- the extent to which the plaintiff's own conduct contributed to the harm;
- the duration of the conduct, the defendant's awareness, and any concealment by the defendant;
- the existence of similar past conduct;
- the profitability of the conduct to the defendant;
- the defendant's ability to pay;
- the likelihood the award will deter the defendant or others from like conduct;
- punitive awards against the defendant in any state or federal court action alleging harm from the same act or course of conduct;
- any criminal penalties imposed on the defendant for the same act or course of conduct; and
- the amount of any civil fines assessed against the defendant for the same act or course of conduct.
Court review. "If punitive damages are awarded, the trial court shall review the jury's decision, considering all relevant evidence, including the factors identified in subsection (E), to ensure that the award is not excessive or the result of passion or prejudice" (15-32-520(F)). The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to South Carolina verdicts; the punitive damages hub explains them. Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury (26 U.S.C. 104(a)(2)); the personal injury settlement amounts guide covers taxes.
Punitive damages in South Carolina wrongful death cases
The wrongful death statute authorizes them directly. Under 15-51-40, "the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought."
The wording differs from Article 5: 15-51-40 speaks of "recklessness, wilfulness, or malice," while 15-32-520(D) speaks of "wilful, wanton, or reckless conduct." The clear-and-convincing rule in 15-33-135 applies in "any civil action where punitive damages are claimed." The cap section, 15-32-530, does not list wrongful death among its exceptions. Who brings the action and the deadlines are on the South Carolina wrongful death page.
Government defendants
The South Carolina Tort Claims Act provides: "No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment" (15-78-120(b)). Article 5 does not change that: its provisions "do not affect any right, privilege, or provision of the South Carolina Tort Claims Act" or the Solicitation of Charitable Funds Act (15-32-540).
The same bar appears elsewhere. In a wiretap civil action against the State, an agency, a political subdivision or a governmental entity and its employee acting within the scope of official duty, the Tort Claims Act prohibition on punitive damages applies in place of the wiretap statute's punitive remedy (17-30-135(F)(4)). The school bus insurance statute likewise provides that no Tort Claims Act award "may include punitive or exemplary damages or interest prior to judgment" (59-67-710(b)).
Outside the Tort Claims Act, 63-17-2330 expressly allows punitive damages against a state agency, the Department of Social Services, for wilful or grossly negligent disclosure of bank records obtained for child support enforcement (described above).
Railroads and insurers
Railroads. Under 58-17-3790, "punitive damages shall not be recoverable in cases arising under this article except under circumstances under which exemplary damages are recoverable in cases arising under SECTION 58-17-3950," and 58-17-3950 makes railroad companies liable to exemplary damages "in cases of wilful violation of law."
Insurer bad faith. If an insurer uses a new underinsured-vehicle definition in negotiations with a person before having the contract endorsed, "it is an unfair claims practice and, in addition, is bad faith entitling the injured person to reasonable attorney fees, punitive damages, and all actual damages" (38-73-1105).
Does insurance pay punitive damages in South Carolina?
It can, depending on the policy's wording. In Carroway v. Johnson, 245 S.C. 200, 139 S.E.2d 908 (1965), the Supreme Court of South Carolina held that an automobile liability policy covering the sums the insured became legally obligated to pay as damages because of bodily injury reached punitive damages: "The language of the policy here is sufficiently broad enough to cover liability for punitive damages as such damages are included in the 'sums' which the insured is legally obligated to pay as damages because of bodily injury within the meaning of the policy."
Two statutes use related definitions. In the automobile insurance chapter, "'Damages' includes both actual and punitive damages" (38-77-30(4)). The South Carolina Life and Accident and Health Insurance Guaranty Association Act defines "extra-contractual claims" to include "claims relating to bad faith in the payment of claims, punitive or exemplary damages, or attorney's fees and costs" (38-29-20(9)) and does not provide coverage for extra-contractual claims (38-29-40(2)(b)).
South Carolina punitive damages at a glance
| Question | South Carolina rule | Source |
|---|---|---|
| Availability | Allowed; pleading, trial, proof and cap governed by Article 5 for actions accruing on or after Jan. 1, 2012 | S.C. Code 15-32-510 to 15-32-540 |
| Conduct standard | Harm resulted from wilful, wanton or reckless conduct | 15-32-520(D) |
| Burden of proof | Clear and convincing evidence | 15-32-520(D); 15-33-135 |
| Base cap | Generally the greater of 3x compensatory damages per claimant or $500,000 as adjusted annually ($739,245 under the February 3, 2026 adjustment) | 15-32-530(A), (D) |
| Enhanced cap | Greater of 4x or $2,000,000 for profit-motivated conduct known to management, or conduct that could be a felony | 15-32-530(B) |
| No cap | Intent to harm, felony plea or conviction, or substantial impairment by alcohol or drugs | 15-32-530(C) |
| Claim-specific limits | For example trade secrets, sales commissions, antitrust | 39-8-40(C); 39-65-30; 56-15-110(3) |
| Medical malpractice | Noneconomic cap does not limit punitive damages | 15-32-220(D)(2) |
| State share | None in Article 5 or any general statute | 15-32-510 to 15-32-540 |
| Pleading | Must be prayed for; no amount pleaded | 15-32-510 |
| Bifurcation | Required if any defendant facing punitive damages requests it | 15-32-520(A) |
| Wrongful death | Exemplary damages for recklessness, wilfulness or malice | 15-51-40 |
| Government defendants | Not available under the Tort Claims Act | 15-78-120(b) |
| Insurance | Depends on policy wording; broad auto policy language covered them in 1965 | Carroway v. Johnson (S.C. 1965) |
Recent changes
The current framework dates from 2011 Act No. 52, effective January 1, 2012, for actions accruing on or after that date. The 2025 tort reform law that passed, Act No. 42 of 2025 (H.3430), changed joint-and-several liability in 15-38-15 effective January 1, 2026; its text does not amend the punitive damages sections. Two broader 2025 bills, S.244 and H.3849, were referred to the House Judiciary Committee and have not been enacted.
Related pages
- Punitive damages laws by state
- South Carolina wrongful death law
- South Carolina medical malpractice law
- South Carolina car accident law
This article provides general legal information about South Carolina punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Carolina.
Last updated: 2026-10-18.
Frequently Asked Questions
Does South Carolina allow punitive damages?
Yes. Under S.C. Code 15-32-520(D), punitive damages may be awarded if the plaintiff proves by clear and convincing evidence that the harm resulted from the defendant's wilful, wanton or reckless conduct. Article 5 of Chapter 32 of Title 15 governs actions accruing on or after January 1, 2012.
Is there a cap on punitive damages in South Carolina?
Generally yes. S.C. Code 15-32-530 limits most awards to the greater of three times compensatory damages per claimant or $500,000 as adjusted annually ($739,245 under the February 3, 2026 adjustment); the limit rises to the greater of four times or $2,000,000 for certain profit-driven or potentially felonious conduct and does not apply at all for intent to harm, a felony plea or conviction, or substantial impairment by alcohol or drugs. Some claim-specific statutes set their own limits.
What is the current punitive damages cap amount in South Carolina?
The statute sets a base of $500,000 (or three times compensatory damages, if greater) and directs the Revenue and Fiscal Affairs Office to adjust that amount at the end of each calendar year for changes in the Consumer Price Index (15-32-530(D)); the revised amount takes effect on publication in the State Register. The office's 2026 adjustment, dated February 3, 2026, sets the figure at $739,245.
Are punitive damages available in a South Carolina drunk driving case?
The 15-32-530 cap does not apply when the trial court determines the defendant acted or failed to act while under the influence of alcohol, non-prescribed drugs or intentionally consumed toxic vapors to the degree that the defendant's judgment was substantially impaired. The plaintiff must still prove wilful, wanton or reckless conduct by clear and convincing evidence.
Are punitive damages available in a South Carolina wrongful death case?
Yes. S.C. Code 15-51-40 allows the jury to award exemplary damages when the wrongful act, neglect or default was the result of recklessness, wilfulness or malice.
Does South Carolina take part of a punitive damages award?
No. Article 5 (15-32-510 to 15-32-540) contains no provision sending any part of a punitive award to the state or a fund, and no general South Carolina statute does so.
Are punitive damages available against the government in South Carolina?
No award under the South Carolina Tort Claims Act may include punitive or exemplary damages or interest prior to judgment (S.C. Code 15-78-120(b)), and Article 5 does not affect that rule (15-32-540). Some statutes outside the Tort Claims Act differ; for example, 63-17-2330 allows punitive damages against the Department of Social Services for wilful or grossly negligent disclosure of bank records obtained for child support enforcement.
Are punitive damages tried separately in South Carolina?
Only on request. If any defendant against whom punitive damages are sought requests it, a jury trial must be bifurcated before the same jury: compensatory liability and damages first, then liability for and the amount of punitive damages (15-32-520(A), (B), (E)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 15: CIVIL REMEDIES AND PROCEDURES
§ 15-32-530Awards not to exceed certain limits; Revenue and Fiscal Affairs Office to calculate adjustments to maximum awards; publication in State RegisterIn forcecited in 2 of our articles
(A) Except as provided in subsections (B) and (C), an award of punitive damages may not exceed the greater of three times the amount of compensatory damages awarded to each claimant entitled thereto or the sum of five hundred thousand dollars. (B) The limitation provided in subsection (A) may not be disclosed to the jury. If the jury returns a verdict for punitive damages in excess of the maximum amount specified in subsection (A), the trial court should first determine whether: (1) the wrongful conduct proven under this section was motivated primarily by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was known or approved by the managing agent, director, officer, or the person responsible for making policy decisions on behalf of the defendant; or (2) the defendant's actions could subject the defendant to conviction of a felony and that act or course of conduct is a proximate cause of the plaintiff's damages; If the trial court determines that either item (1) or (2) apply, then punitive damages must not exceed the greater of four times the amount of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Carla Denise Garrison v. Target Corporation (Supreme Court of South Carolina 2022)“…defendant's judgment is substantially impaired. S.C. Code Ann. § 15-32-530(A)–(C) (Supp. 2020). We find the langua…”
- Keene v. CNA Holdings, LLC (Court of Appeals of South Carolina 2019, 426 S.C. 357)“…amages and concluded the awards were not excessive. See S.C. Code Ann. § 15-32-530 (Supp. 2018) (providing that with cer…”
- Garrison v. Target Corporation (Court of Appeals of South Carolina 2020)“…ive damages ruling as I believe the punitive damages cap of S.C. Code Ann. § 15-32-530 (Supp. 2019) applies to Garrison's awar…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in South Carolina (2026): Deadlines & Liability
§ 15-32-520Bifurcated trials; clear and convincing evidence standard; factors for liability determination; review of jury determination; multiple defendantsIn force
(A) All actions tried before a jury involving punitive damages, if requested by any defendant against whom punitive damages are sought, must be conducted in a bifurcated manner before the same jury. (B) In the first stage of a bifurcated trial, the jury shall determine liability for compensatory damages and the amount of compensatory or nominal damages. Evidence relevant only to the issues of punitive damages is not admissible at this stage. (C) Punitive damages may be considered if compensatory or nominal damages have been awarded in the first stage of the trial. (D) Punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that his harm was the result of the defendant's wilful, wanton, or reckless conduct. (E) In the second stage of a bifurcated trial, the jury shall determine if a defendant is liable for punitive damages and, if determined to be liable, the amount of punitive damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 15-32-510Claims for punitive damages must be prayed for in complaint; amount shall not be specifically pleadIn force
(A) A claim for punitive damages must be specifically prayed for in the complaint. (B) The plaintiff shall not specifically plead an amount of punitive damages, only that punitive damages are sought in the action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 15-32-540Applicability of articleIn force
The provisions of this article do not affect any right, privilege, or provision of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15 or the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 15-33-135Punitive damages: burden of proofIn force
In any civil action where punitive damages are claimed, the plaintiff has the burden of proving such damages by clear and convincing evidence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 15-51-40Damages; amount and to whom payableIn forcecited in 2 of our articles
In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Murphy v. Collins (In re Fields) (Court of Appeals of South Carolina 2018, 424 S.C. 627)“…HILL, J.: **629 This appeal concerns the scope of S.C. Code § 15-51-40 (Supp. 2017) as it relates to an unwed…”
- Barnwell v. Barber-Colman Co. (Supreme Court of South Carolina 1989, 301 S.C. 534)“…See Act No. 579, 1902 S.C. Acts 1071 [now codified as S.C. Code Ann. § 15-51-40 (1976)]. Bowers v. Charleston…”
- Ballard v. Ballard (Supreme Court of South Carolina 1994, 314 S.C. 40)“…252 S.C. 127 , 165 S.E. (2d) 640 (1969). S.C. Code Ann. § 15-51-40 (1976), which governs the distribution…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wrongful Death Laws in South Carolina (2026): Deadlines
§ 15-78-120Limitation on liability; prohibition against recovery of punitive or exemplary damages or prejudgment interest; signature of attorney on pleadings, motions, or other papersIn forcecited in 2 of our articles
(a) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits: (1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved. (2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved. (3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one million two hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Charleston County School District v. State Budget & Control Board (Supreme Court of South Carolina 1993, 313 S.C. 1)“…e damages are recoverable under the State Tort Claims Act. S.C. Code Ann. § 15-78-120 (b) (Supp. 1992). Furthermore, the Dist…”
- Foster v. South Carolina Department of Highways & Public Transportation (Supreme Court of South Carolina 1992, 306 S.C. 519)“…e with the applicable liability cap provided in the SCTCA. S.C. Code Ann. § 15-78-120 (a)(l) (Supp. 1990). *523…”
- Oliver v. South Carolina Department of Highways & Public Transportation (Supreme Court of South Carolina 1992, 309 S.C. 313)“…rolina Tort Claims Act for tort actions against the State. S.C. Code Ann. § 15-78-120 (Supp. 1991). On Oliver’s posttrial mo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Car Accident Laws: Fault, Insurance, and Your Claim
§ 15-32-220Noneconomic damages limit; exceptions; annual adjustment based on Consumer Price IndexIn forcecited in 2 of our articles
(A) In an action on a medical malpractice claim when final judgment is rendered against a single health care provider, the limit of civil liability for noneconomic damages of the health care provider is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, regardless of the number of separate causes of action on which the claim is based, except as provided in subsection (E). (B) In an action on a medical malpractice claim when final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages is limited to an amount not to exceed three hundred fifty thousand dollars for each claimant, regardless of the number of separate causes of action on which the claim is based, except as provided in subsection (E).
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Pratt v. Amisub of SC, Inc. (Court of Appeals of South Carolina 2025)“…avoiding a claim or liability to the claimant. S.C. Code Ann. § 15-32-220 (A)-(E) (2005 & Supp. 2024). Appellant…”
- Boyle ex rel. Estate of Boyle v. United States (District Court, D. South Carolina 2012, 948 F. Supp. 2d 577)“…claim is based, except as provided in subsection (E). 4 S.C. Code Ann. § 15-32-220 (A) (emphasis added). 10. Here, the p…”
- Reid v. United States (District Court, D. South Carolina 2024)“…lpractice based solely on the fact that his complaint cites S.C. Code Ann. § 15-32-220—a provision capping noneconomic damage…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in South Carolina (2026): Caps
§ 15-51-210When county is liable for damages for lynchingIn force
In all cases of lynching when death ensues the county in which such lynching takes place shall, without regard to the conduct of the officers, be liable in exemplary damages of not less than two thousand dollars, to be recovered by action instituted in any court of competent jurisdiction by the legal representatives of the person lynched, and they are hereby authorized to institute such action for the recovery of such exemplary damages. A county against which a judgment has been obtained for damages in any case of lynching shall have the right to recover in any court of competent jurisdiction the amount of such judgment from the parties engaged in such lynching and is hereby authorized to institute such action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 15-38-15Liability of tortfeasor responsible for less than fifty per cent of total fault; apportionment; willful or reckless defendant and drug exceptionsIn forcecited in 4 of our articles
(A) In an action to recover damages resulting from personal injury, wrongful death, or damage to property or to recover damages for economic loss or for noneconomic loss such as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or loss of companionship resulting from tortious conduct, if indivisible damages are determined to be proximately caused by more than one tortfeasor, joint and several liability does not apply to any defendant whose conduct is determined to be less than fifty percent of the total fault for the indivisible damages as compared with the total of: (i) the fault of all the defendants and tortfeasors; and (ii) the fault (comparative negligence), if any, of plaintiff. A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact. (B) Apportionment of percentages of fault among defendants and tortfeasors is to be determined as specified in subsection (C).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Smith v. Tiffany (Supreme Court of South Carolina 2017, 419 S.C. 548)“…00% of liability only between the parties before it. See S.C. Code Ann. §§ 15-38-15 (D) (Supp. 2015); 15-38-40. The impli…”
- Machin v. Carus Corp. (Supreme Court of South Carolina 2017, 419 S.C. 527)“…or any or all of the damages alleged by any other party. S.C. Code Ann. § 15-38-15 (C)-(D) (Supp. 2015) (emphasis added).…”
- Shannon P. Green v. Edward C. McGee (Supreme Court of South Carolina 2025)“…ble damages determined by the jury or trier of fact. S.C. Code Ann. § 15-38-15(A) (Supp. 2024); see also Smith v. Tiff…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Hit and Run Laws: Penalties and What to Do, South Carolina Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026)
South Carolina Code of Laws, Title 39: TRADE AND COMMERCE
§ 39-8-40Recovery of actual damages; exemplary damagesIn forcecited in 2 of our articles
(A) A complainant is entitled to recover actual damages for misappropriation of trade secrets. A material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation may render full monetary recovery inequitable and may form the basis for reducing monetary recovery. (B) Damages may include both the actual loss caused by misappropriation or the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (C) Upon a finding of wilful, wanton, or reckless disregard of the plaintiff's rights, the court may award separate exemplary damages in an amount not exceeding twice any award made under subsection (A).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Also relied on in: South Carolina Trade Secret Laws: UTSA, Remedies & Deadlines
§ 39-65-30Principal's civil liabilityIn force
A principal who fails to comply with the provisions of Section 39-65-20 is liable to the sales representative in a civil action for: (1) all amounts due the sales representative plus punitive damages in an amount not to exceed three times the amount of commissions due the sales representative; and (2) attorney's fees actually and reasonably incurred by the sales representative in the action and court costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 39-19-50Damages for use of cotton on storage without consent of ownersIn force
Except as otherwise permitted or required under the provisions of Chapter 7 of Title 36, a person taking cotton on storage as a warehouseman, for hire or not, is prohibited from using any of such cotton or allowing anyone else to use or consume any of such cotton in manufacture or otherwise without the written consent of the owner. Any such person violating the provisions of this section shall answer to the owner thereof suing therefor in punitive damages not to exceed five thousand dollars and shall also answer for any special or other damages which any such owner may suffer by such unlawful conduct.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 56: MOTOR VEHICLES
§ 56-15-110Suits for damagesIn force
(1) In addition to temporary or permanent injunctive relief as provided in Section 56-15-40(3)(c), any person who shall be injured in his business or property by reason of anything forbidden in this chapter may sue therefor in the court of common pleas and shall recover double the actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee. (2) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue for the benefit of the whole, including actions for injunctive relief. (3) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages not to exceed three times the actual damages. (4) A final judgment, order or decree rendered against a person in any civil, criminal or administrative proceeding under the United States antitrust laws, under the Federal Trade Commission Act, or under this chapter shall constitute prima facie evidence against such person subject to the conditions of the United States Antitrust Law (15 U.S.C. 16).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 56-16-200Civil actions; damages; effect of judgments as prima facie evidenceIn force
(1) In addition to temporary or permanent injunctive relief as provided in Section 56-16-100(3)(c), any person who is injured in his business or property by reason of anything forbidden in this chapter may sue therefor in the court of common pleas and recover double the actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee. (2) When the action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue for the benefit of the whole, including actions for injunctive relief. (3) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages not to exceed three times the actual damages. (4) A final judgment, order, or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States antitrust laws, under the Federal Trade Commission Act, or under this chapter constitutes prima facie evidence against the person subject to the conditions of the United States Antitrust Law (15 U.S.C. Section 16).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 44: HEALTH
§ 44-56-200Hazardous waste cleanup; definitions; implementation, enforcement, and application of federal laws; site-specific remediation standardsIn force
(A) For the purposes of this section: (1) "Medium" or "media" includes the following portions of the environment: (a) soil; (b) surface water; (c) sediments; (d) ambient, noncontainerized air; and (e) the saturated zone beneath surface soils commonly referred to as "groundwater". (2) "Owner" does not include: (a) a unit of state or local government that acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquired a title by virtue of its function as sovereign, including acquisitions made by a forfeited land commission pursuant to Chapter 59, Title 12.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 44-41-680Civil action; damages; attorney's feesIn force
(A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section. (B) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages. In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article. (C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained by: (1) the woman upon whom the abortion was performed or induced in violation of this article; (2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortion; (3) a solicitor or prosecuting attorney with proper jurisdiction; or (4) the Attorney General.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 44-41-85Performance of partial-birth abortion by physician; felony; cause of action against physicianIn force
(A) A physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars or imprisoned for not less than five years, or both. This section shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for that purpose. (B) As used in this section: (1) the term "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. (2) the term "physician" means a physician, surgeon, or osteopath authorized to practice medicine in this State and licensed pursuant to Chapter 47 of Title 40. However, an individual who is not a physician, but who directly and knowingly performs a partial-birth abortion is also subject to the provisions of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 16: CRIMES AND OFFENSES
§ 16-3-2060Civil action for victim of trafficking; statute of limitationsIn force
(A) A person who is a victim of trafficking in persons may bring a civil action in the court of common pleas. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and other appropriate relief. A prevailing plaintiff also must be awarded attorney's fees and costs. Treble damages must be awarded on proof of actual damages when the defendant's acts were wilful and malicious. (B) Pursuant to Section 16-3-1110, the applicable statute of limitations for a crime victim who has a cause of action against an incarcerated offender is tolled and does not expire until three years after the offender's sentence is completed, including probation and parole, or three years after release from commitment pursuant to Chapter 48, Title 44, whichever is later. However, this provision does not shorten any other tolling period of the statute of limitations which may exist for the victim. (C) The statute of limitations for the filing of a civil suit does not begin to run until a minor victim has reached the age of majority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-8-240Use of or threat of physical violence by criminal gang member; penaltiesIn force
(A) It is unlawful for a criminal gang member to use or threaten to use physical violence against another person with the intent to coerce, induce, or solicit that person or another person to actively participate in criminal gang activity, or to prevent another criminal gang member from withdrawing from or leaving a criminal gang. A criminal gang member who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars or imprisoned not more than two years, or both. A criminal gang member convicted for a second or subsequent offense pursuant to this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-8-250Preventing witness or victim from testifying; penalty; coerced person's right to bring civil actionIn force
(A) It is unlawful for a criminal gang member by threat or force to: (1) prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity; or (2) attempt to prevent a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law that concerns or relates to any criminal activity. (B) A criminal gang member who violates a provision of this section is guilty of a felony and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisoned for not more than ten years, or both. (C) A person who has been coerced, intimidated, threatened, or injured in violation of this section has a civil cause of action against a criminal gang or criminal gang member violating this section for treble the amount of his actual damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs from the criminal gang or criminal gang member.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 41: LABOR AND EMPLOYMENT
§ 41-7-90Remedy for violation of rights; relief which court may grantIn force
(A) A person whose rights are adversely affected by contract, agreement, assemblage, or other act or thing done or threatened to be done and declared to be unlawful or prohibited by this chapter may apply to a court having general equity jurisdiction for appropriate relief. The court may grant and issue a restraining and other appropriate orders including an injunction restraining and enjoining the performance, continuance, maintenance, or commission of any such contract, agreement, assemblage, act or thing, and may determine and award, as justice may require, actual damages, costs, and attorneys' fees sustained or incurred by a party to the action, and, in the discretion of the court or jury, treble damages and punitive damages in addition to the actual damages. The provisions of this section are cumulative and are in addition to all other remedies provided by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 47: ANIMALS, LIVESTOCK, AND POULTRY
§ 47-21-90Damages; attorney fees and costsIn force
A person who suffers damages resulting from the commission of an act prohibited by this article has a civil cause of action for treble the amount of his actual damages, for consequential damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 47-21-260Damages; attorney fees and costsIn force
A person who suffers damages resulting from the commission of an act prohibited by this article has a civil cause of action for treble the amount of his actual damages, for consequential damages, for punitive damages, an injunction, and any other appropriate relief in law or equity. Upon prevailing in the civil action, the plaintiff may recover reasonable attorney's fees and costs.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 58: PUBLIC UTILITIES, SERVICES AND CARRIERS
§ 58-13-260Measure of damages for conversion of property by common carrierIn force
If any common carrier shall convert and appropriate to its own use any property of another held by it on consignment or in course of transportation, it shall be liable to the consignee or other owner of such property, not only for the value of such property, but for an additional amount, as a penalty for such conversion, equivalent to five times the value of the property so appropriated to its own use and it shall be further liable to the consignee or other owner of such property for such special damages as may have been suffered in consequence of such conversion and such punitive or exemplary damages as may be recovered in an action against such common carrier. There may be recovered in the same action, and included in the same verdict, all the amounts above provided for.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 58-17-3790Punitive damagesIn force
Punitive damages shall not be recoverable in cases arising under this article except under circumstances under which exemplary damages are recoverable in cases arising under SECTION 58-17-3950.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 58-17-3950Actions for injuries to persons through violation of rules or regulations of CommissionIn force
If any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commission, inflict wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county in which such wrong or injury was inflicted in any court having jurisdiction thereof and the damages to be recovered shall be the same as in an action between individuals, except that in cases of wilful violation of law such railroad companies shall be liable to exemplary damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 63: SOUTH CAROLINA CHILDREN'S CODE
§ 63-17-2330Immunity from liabilityIn force
(A) Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 63-17-2310(A)(2), is not liable to a person for disclosure of information to the Department of Social Services, its designee, or the department's or designee's employees under Section 63-17-2320 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 63-17-2310 and 63-17-2320. (B) Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 63-17-2310 and 63-17-2320, the department, its designee, or the department's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 17: CRIMINAL PROCEDURES
§ 17-30-135Civil action for wrongful interceptionsIn forcecited in 11 of our articles
(A) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter has a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use the communications and is entitled to recover from the person or entity which engaged in that violation relief as may be appropriate, including: (1) preliminary or equitable or declaratory relief as may be appropriate; (2) actual damages, but not less than liquidated damages computed at the rate of five hundred dollars a day for each day of violation or twenty-five thousand dollars, whichever is greater, not to exceed the limits on liability provided in subsection (F)(3); (3) punitive damages, except as may be prohibited in subsection (F)(4); and (4) a reasonable attorney's fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Carson v. Emergency MD LLC (District Court, D. South Carolina 2020)“…ation of this chapter has a civil cause of action . . . .” S.C. Code Ann. § 17-30-135(A). Moreover, the SCHSA’s list of proh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Audio Recording Laws: One-Party Consent Rules and Penalties (2026), South Carolina Phone Call Recording Laws: Consent Rules for Calls (2026), South Carolina Employee Monitoring Laws: Workplace Surveillance and Social Media (2026)
South Carolina Code of Laws, Title 59: EDUCATION
§ 59-67-710Contracts of insurance on state-owned school busesIn force
(1) The Director of the Division of General Services, with the approval of the State Fiscal Accountability Authority, shall provide insurance coverage on all state-owned school buses which are operated under the authority of, and which are being used for the purposes of, Article 3 of this chapter. Such insurance contracts must be provided either through commercial carriers or through the insurance reserve funds of the Division of General Services. The insurance contracts shall provide at least the following benefits: (a) for the lawful occupant of any such school bus who suffers bodily injuries or death, a death benefit of not less than fifty thousand dollars; (b) for the lawful occupant of any such school bus who suffers bodily injuries, an amount sufficient to defray the cost of hospitalization, surgery, dentistry, medicine, and all other medical expenses up to three thousand dollars or such amount as promulgated by regulation of the Department of Education; (c) additional coverage must also be provided for the following named perils: (i) for the loss of both hands or both feet or sight of both eyes, fifty thousand dollars; (ii) for loss of one hand and one foot, thirty…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 38: INSURANCE
§ 38-73-1105Insurer's use of definition of "underinsured motor vehicle"In force
The definition of "underinsured motor vehicle" contained in Section 38-77-30(15) may not be used by an insurer unless the insurer reduces his rate for underinsured motorist coverage by an amount determined appropriate by the director or his designee and refunds any such premium that the director or his designee determines is necessary to correspond with the new definition. An insurer may not use the definition in its settlement negotiations unless the insurer has filed and the director or his designee has approved an endorsement to its contract. If an insurer uses the new definition in its negotiations with a person before having the contract endorsed it is an unfair claims practice and, in addition, is bad faith entitling the injured person to reasonable attorney fees, punitive damages, and all actual damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 38-77-30DefinitionsIn force
As used in this chapter, unless the context requires otherwise: (1) "Automobile insurance" means automobile bodily injury and property damage liability insurance, including medical payments and uninsured motorist coverage, and automobile physical damage insurance such as automobile comprehensive physical damage, collision, fire, theft, combined additional coverage, and similar automobile physical damage insurance and economic loss benefits as provided by this chapter written or offered by automobile insurers. An automobile insurance policy includes a motor vehicle liability policy as defined in item (7) of Section 56-9-20 and any nonowner automobile insurance policy which covers an individual private passenger automobile not owned by the insured, a family member of the insured, or a resident of the same household as the insured. (2) "Automobile insurer" means an insurer licensed to do business in South Carolina and authorized to issue automobile insurance policies. (3) "Bodily injury" includes death resulting therefrom. (3.5) "Cancellation" or "to cancel" means a termination of a policy during the policy period. (4) "Damages" includes both actual and punitive damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 38-29-20DefinitionsIn force
As used in this chapter: (1) "Account" means any of the three accounts created under Section 38-29-50. (2) "Association" means the South Carolina Life and Accident and Health Insurance Guaranty Association created under Section 38-29-50. (3) "Authorized assessment" or "authorized" when used in the context of assessments means the board of directors has passed a resolution whereby an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed. (4) "Benefit plan" means a specific employee, union, or association of natural persons benefit plan. (5) "Called assessment" or "called" when used in the context of assessments means that notice has been issued by the association to the member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
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Sources and References
- S.C. Code 15-32-520: Bifurcated trials; clear and convincing evidence standard; factors; review(www.scstatehouse.gov).gov
- S.C. Code 15-32-530: Awards not to exceed certain limits; inflation adjustments(www.scstatehouse.gov).gov
- S.C. Code 15-33-135: Burden of proof for punitive damages(www.scstatehouse.gov).gov
- S.C. Code 15-51-40: Wrongful death damages(www.scstatehouse.gov).gov
- S.C. Code 15-78-120: Tort Claims Act limits on liability(www.scstatehouse.gov).gov
- S.C. Revenue and Fiscal Affairs Office: Inflation adjustments for legal proceedings(rfa.sc.gov).gov
- S.C. Code 15-32-220: Medical malpractice noneconomic damages limits(www.scstatehouse.gov).gov
- S.C. Code 39-8-40: Trade Secrets Act damages(www.scstatehouse.gov).gov
- S.C. Code 39-65-30: Principal's civil liability to sales representative(www.scstatehouse.gov).gov
- S.C. Code 56-15-110: Suits for damages(www.scstatehouse.gov).gov
- S.C. Code 56-16-200: Civil actions; damages(www.scstatehouse.gov).gov
- S.C. Code 39-19-50: Use of cotton on storage without consent of owners(www.scstatehouse.gov).gov
- S.C. Code 44-56-200: Hazardous waste cleanup(www.scstatehouse.gov).gov
- S.C. Code 15-51-210: County liability for lynching(www.scstatehouse.gov).gov
- S.C. Code 16-3-2060: Civil action by trafficking victims(www.scstatehouse.gov).gov
- S.C. Code 16-8-240 and 16-8-250: Criminal gang civil actions(www.scstatehouse.gov).gov
- S.C. Code 41-7-90: Labor rights civil remedies(www.scstatehouse.gov).gov
- S.C. Code 47-21-90 and 47-21-260: Civil actions for animal offenses(www.scstatehouse.gov).gov
- S.C. Code 44-41-680 and 44-41-85: Civil remedies under the abortion statutes(www.scstatehouse.gov).gov
- S.C. Code 58-13-260: Common carrier conversion of property(www.scstatehouse.gov).gov
- S.C. Code 63-17-2330: Disclosure of financial records obtained for child support enforcement(www.scstatehouse.gov).gov
- S.C. Code 15-32-510: Pleading punitive damages(www.scstatehouse.gov).gov
- 26 U.S.C. 104: Compensation for injuries or sickness(www.govinfo.gov).gov
- S.C. Code 15-32-540: Tort Claims Act and Solicitation of Charitable Funds Act not affected(www.scstatehouse.gov).gov
- S.C. Code 17-30-135: Wiretap civil actions(www.scstatehouse.gov).gov
- S.C. Code 59-67-710: School bus insurance(www.scstatehouse.gov).gov
- S.C. Code 58-17-3790 and 58-17-3950: Railroad liability(www.scstatehouse.gov).gov
- S.C. Code 38-73-1105: Underinsured vehicle definition; bad faith(www.scstatehouse.gov).gov
- Carroway v. Johnson, 245 S.C. 200, 139 S.E.2d 908 (S.C. 1965)(static.case.law)
- S.C. Code 38-77-30: Automobile insurance definitions(www.scstatehouse.gov).gov
- S.C. Code 38-29-20 and 38-29-40: Life and Accident and Health Insurance Guaranty Association Act(www.scstatehouse.gov).gov
- S.C. Code 15-38-15: Joint and several liability (2025 Act No. 42)(www.scstatehouse.gov).gov
- S.C. Revenue and Fiscal Affairs Office: Punitive Damage Award Limitation, Inflation Component (memorandum, Feb. 3, 2026)(rfa.sc.gov).gov
- Gurwood v. GCA Services Group, Inc., Op. No. 28267 (S.C. Mar. 12, 2025)(courtlistener.com)
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