Nelson v. Concrete Supply (1991) ended South Carolina's contributory negligence rule. The new 51% bar lets you recover at 50% fault — but the apportionment rule for multi-defendant cases changes everything when there's more than one party.
South Carolina adopted comparative fault relatively recently — 1991, judicially, in Nelson v. Concrete Supply Co. Before that, SC was a contributory negligence state where any percentage of fault eliminated recovery. The shift was a decade after most other states. The 51% bar still surprises drivers who learned the old rule.
South Carolina is a fault-based state with a three-year statute of limitations under S.C. Code Ann. § 15-3-530. The statute covers "an action for assault, battery, or any injury to the person or rights of another, not arising on contract" and runs from the date the cause of action accrues. There is no PIP requirement and no verbal threshold. The unique thing about South Carolina is the history: SC followed contributory negligence (1% fault = $0 recovery, like Virginia, Maryland, North Carolina, and Alabama) until 1991, when the South Carolina Supreme Court abolished it judicially in Nelson v. Concrete Supply Co., 303 S.C. 243. The shift was nearly a decade after most other states had moved to comparative fault and the older rule still surprises drivers who learned it before the change.
The post-Nelson rule is modified comparative fault on the 51% bar model — recovery is permitted if your negligence is not greater than the defendant's, meaning at exactly 50% fault you can still recover (proportionally reduced) but at 51% or above you recover zero. This is the same threshold used in Illinois, Pennsylvania, and most other modified-comparative states. Insurance adjusters in South Carolina push fault assignments above 50% in close cases for the same reason as elsewhere — that single percentage point eliminates the claim.
The other distinctive South Carolina rule is the apportionment statute, S.C. Code Ann. § 15-38-15 (Contribution Among Tortfeasors Act). When multiple defendants are involved, a defendant whose fault is less than 50% is liable only for their proportionate share of the damages — not for joint and several liability for the full amount. The exception is willful, wanton, reckless, or intentional conduct, which preserves full joint and several liability. This rule changes the calculus in multi-defendant cases: chasing a deeper-pocket defendant with lower fault apportionment becomes much harder than in joint-and-several states. (Note: an updated version of § 15-38-15 takes effect January 1, 2026 with expanded provisions on nondefendant tortfeasor allocation — confirm the current version with counsel.) Charleston, Richland (Columbia), and Greenville counties have historically produced the highest plaintiff verdicts in the state.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Three years from the date of the accident under S.C. Code Ann. § 15-3-530. Wrongful death runs three years from the date of death under separate provisions of the SC Code. If a state, county, or municipal vehicle or employee was involved, the South Carolina Tort Claims Act, S.C. Code Ann. § 15-78-10 et seq., applies and includes specific procedural and notice requirements that may shorten the practical deadline — confirm with counsel before relying on the general three-year SOL.
Until 1991, yes — SC followed pure contributory negligence (1% fault = zero recovery, like Virginia and Maryland still do). The South Carolina Supreme Court abolished contributory negligence judicially in Nelson v. Concrete Supply Co., 303 S.C. 243 (1991), replacing it with modified comparative fault on the 51% bar model. Under the post-Nelson rule, recovery is permitted if your negligence is not greater than the defendant's — meaning at 50% fault you can still recover (proportionally reduced), but at 51% or above you recover zero. The shift was nearly a decade after most other states moved to comparative fault and the older rule still surprises drivers who learned it before 1991.
Under S.C. Code Ann. § 15-38-15 (Contribution Among Tortfeasors Act), a defendant whose fault is less than 50% is liable only for their proportionate share of the damages — not for joint and several liability for the full amount. The exception is willful, wanton, reckless, or intentional conduct, which preserves full joint and several liability. This rule changes the calculus in multi-defendant cases: chasing a deeper-pocket defendant with lower fault apportionment becomes much harder than in pure joint-and-several states. An attorney evaluates the apportionment exposure on the first call.
Charleston, Richland (Columbia), and Greenville counties have historically produced higher plaintiff verdicts than the state's rural Lowcountry and Upstate counties. Insurance carriers track this and adjust settlement posture by venue. Cases where venue can be properly placed in a more plaintiff-friendly venue under South Carolina's venue statutes are often worth significantly more. Horry County (Myrtle Beach) trends moderate; the smaller rural counties trend conservative.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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“I had two defendants in my crash — the driver and his employer. My attorney explained the § 15-38-15 apportionment rule on the first call. Because the employer was apportioned 60% fault, joint and several liability didn't apply the way I expected. The strategy changed everything.”
— Tamia W., Charleston, SC
“The defense argued I was 60% at fault for the lane change. Under the post-Nelson 51% bar that would have eliminated my case. My attorney built the evidence to keep me at 45% — the difference between zero and a real settlement.”
— Bryson L., Greenville, SC
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