S.C. Code Ann. § 15-78-50

Right of injured person to file claim; non-liability of governmental entity where employee would not be liable if a private person; injunctions against governmental entities

Known as the South Carolina Tort Claims Act

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

Applied in 6 court decisions — leading case Kerr v. RICHLAND MEMORIAL HOSPITAL (2009)

Most recently applied in Bluestein v. Town of Sullivan's Island (August 2018)

1986 Act No. 463, SECTION 1.

How often courts cite this section

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) Any person who may suffer a loss proximately caused by a tort of the State, an agency, a political subdivision, or a governmental entity, and its employee acting within the scope of his official duty may file a claim as hereinafter provided.

(b) In no case is a governmental entity liable for a tort of an employee where that employee, if a private person, would not be liable under the laws of this State.

(c) Nothing herein shall affect the power of a court of equity at the suit of a party complainant to enjoin unlawful acts committed by governmental entities or mandate lawful action by governmental entities.

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