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S.C. Code Ann. § 15-78-100

When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants

Known as the South Carolina Tort Claims Act

The act spans §§ 15-78-10 to 15-78-90 (22 sections).

Applied in 15 court decisions — leading case Summer v. Carpenter (1997)

Most recently applied in Chester v. South Carolina Department of Public Safety (August 2010)

1986 Act No. 463, SECTION 1; 1988 Act No. 352, SECTION 8.

How often courts cite this section

198919902000201040
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.

(a) Except as provided for in Section 15-3-40, an action for damages under this chapter may be instituted at any time within two years after the loss was or should have been discovered. Provided, that if a claim for damages was filed and disallowed or rejected an action for damages filed under this chapter, based upon the same occurrence as the claim, may be instituted within three years after the loss was or should have been discovered.

(b) Jurisdiction for any action brought under this chapter is in the circuit court and brought in the county in which the act or omission occurred.

(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined.

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