The State, an agency, a political subdivision, and a governmental entity are liable for their torts in the same manner and to the same extent as a private individual under like circumstances, subject to the limitations upon liability and damages, and exemptions from liability and damages, contained herein.
S.C. Code Ann. § 15-78-40
Tort liability of State, agency, political subdivision, or governmental entity, generally
Known as the South Carolina Tort Claims Act
The act spans §§ 15-78-10 to 15-78-90 (22 sections).
Applied in 43 court decisions — leading case Hodges v. Rainey (2000)
Most recently applied in Newkirk v. Enzor (March 2017)
1986 Act No. 463, SECTION 1.
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.