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S.C. Code Ann. § 15-3-40

Exceptions as to persons under disability

Applied in 22 court decisions — leading case Hardin v. Straub (1989)

Most recently applied in M.P. v. Meta Platforms Inc. (February 2025)

1962 Code SECTION 10-104; 1952 Code SECTION 10-104; 1942 Code SECTION 359; 1932 Code SECTION 359; Civ

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, is at the time the cause of action accrued either:

(1) within the age of eighteen years; or

(2) insane;

the time of the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:

(a) more than five years by any such disability, except infancy; nor

(b) in any case longer than one year after the disability ceases.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.