Except as provided for in Section 15-3-40, any action brought pursuant to this chapter is forever barred unless an action is commenced within two years after the date the loss was or should have been discovered; provided, that if the claimant first filed a claim pursuant to this chapter then the action for damages based upon the same occurrence is forever barred unless the action is commenced within three years of the date the loss was or should have been discovered.
S.C. Code Ann. § 15-78-110
Statute of limitations
Known as the South Carolina Tort Claims Act
The act spans §§ 15-78-10 to 15-78-90 (22 sections).
Applied in 20 court decisions — leading case University of Texas Southwestern Medical Center v. Loutzenhiser (2004)
Most recently applied in Johnny Timpson v. Anderson County Disabilities (April 2022)
1986 Act No. 463, SECTION 1; 1988 Act No. 352, SECTION 9.
How often courts cite this section
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.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.