South Carolina Tort Laws

A chemical manufacturer recently paid over $10 billion in settlement over a civil lawsuit filed against them by South Carolina Attorney General Alan Wilson. The company was sued over claims of contamination in the state’s natural resources and public drinking water systems with ‘forever chemicals’. These chemicals allegedly contain toxic substances that do not occur naturally in the environment and lead to various health problems, such as cancer, decreased fertility, and liver damage.

In South Carolina, a tort arises when a person’s actions cause injuries to another. If someone suffers harm due to an at-fault party’s negligence, they may seek compensation for their losses through a personal injury lawsuit. A mass tort claim, on the other hand, may be filed when multiple parties sustain injuries caused by the same defendant. The courts treat plaintiffs as individuals in both types of cases.

This article provides an overview of mass tort laws in South Carolina, the different categories of tort, and the difference between torts, crimes, and class actions. It also explains the process of filing claims, liability insurance requirements, the statute of limitations, damages plaintiffs may recover, other legal remedies, and resources for low-income people seeking to bring a mass tort claim.

Basic Tort Categories in South Carolina

In South Carolina, torts fall into three major categories: negligent, intentional, and strict liability. Some torts may be directly caused by the defendant’s actions, while others happen by failing to meet reasonable standards of care. Furthermore, acts that endanger people’s lives may be classified as both torts and crimes.

Negligent Torts

Negligence torts arise when at-fault parties fail to use their standard of care, and victims suffer from injuries or get killed as a result. For example, manufacturers that cause harm to consumers by failing to test their products may be held liable for negligence.

To prove a negligence tort, a plaintiff must prove the following:

• The defendant owed a duty of care.

• The defendant breached their duty.

• The defendant caused the victims’ injuries.

• The injured party suffered damages such as income loss, medical expenses, and pain and suffering.

Intentional Torts

Intentional torts occur when someone deliberately tries to hurt another, causing injuries or wrongful death as a result. Some situations include defamation, false imprisonment, fraud, and trespassing. 

To establish an intentional tort, the victim must prove that the defendant deliberately acted in a way that any reasonable person would have known that such conduct would cause harm or injury. The court may award punitive damages if the judge or jury finds that the defendant acted intentionally or maliciously.

Anyone who commits an intentional tort may also face criminal charges, such as assault, battery, DUI, kidnapping, and murder. Criminal charges are not a prerequisite in a civil action for an intentional tort. 

Strict Liability Torts

Strict liability torts surface when victims suffer from injuries caused by the at-fault parties’ actions, regardless of whether they were negligent or not. Unlike in negligence torts, plaintiffs in strict liability torts do not need to prove that the defendant acted carelessly or failed to use the standard of care to establish their liability.

Other Tort Categories in South Carolina

Under the attractive nuisance doctrine, property owners may be held liable if children who trespass on their premises sustain injuries. 

They may be responsible for having potentially dangerous objects, equipment, or other conditions that could invite children to enter their property, such as swimming pools and trampolines. They may also be held liable if they fail to take measures to prevent accidents from happening, such as putting up warning signs.

Tort vs. Crime in South Carolina

Most mass torts and personal injury cases result from negligence. However, victims may also suffer from injuries due to intentional or malicious acts. In South Carolina, intentional torts, such as assault, battery, DUI, kidnapping, and murder, may also be classified as crimes.

Individual plaintiffs bring an action for tort to seek damages against one or more defendants, while the state initiates a criminal case against the accused on behalf of victims to punish the offender for their wrongdoings.

Mass Torts in South Carolina

A mass tort claim is a type of personal injury lawsuit involving multiple plaintiffs who have suffered the same or similar injuries or damages. It may arise from different kinds of accidents, such as the following:

• Defective Product Mass Torts: Consumers injured by using defective products may sue manufacturers, distributors, or retailers. For example, an injured person may file a claim against a company for selling a product without necessary warning labels, which caused overheating and fire. Some products that may result in liability include appliances, cosmetics, food, toys, and vehicle parts.

• Environmental Pollution Mass Torts: People may be harmed in industrial accidents, such as exposure to radioactive materials or toxic chemicals during manufacturing processes or contaminated water.

• Mass Disaster Torts: People who suffer from injuries and property losses due to natural disasters may bring action against government agencies or corporations that failed to fulfill their duty of care to the public. 

• Medical Device Mass Torts: Patients may be injured by using defective medical devices, such as artificial hips and knee joints and transvaginal mesh that is used to treat stress urinary incontinence.

• Prescription Drug Mass Torts: Patients may be harmed by using dangerous medications, such as Pradaxa and Vioxx, or by being given the wrong prescription or dosage by their doctors or pharmacists. They may suffer from illnesses or die due to the side effects of certain drugs. They may also sue pharmaceutical companies that mislead physicians about the benefits and risks of their products.

• Plane Crashes and Motor Vehicle Accident Mass Torts: Victims or their surviving family members may file a mass tort claim against the pilot, airline, or plane manufacturer for the plane crash. On the other hand, people injured by vehicle accidents may sue the driver of different types of vehicles, such as bicycles, buses, cars, and trucks. They may also bring an action against manufacturers, distributors, dealerships, or retailers for selling defective parts. In addition, they may file mass tort claims against maintenance workers or mechanics for failing to properly inspect vehicles.

Mass Torts vs. Class Actions

In South Carolina, a mass tort lawsuit is a civil action that arises when multiple injured parties allege the same or similar wrongful act against the same defendant. 

Some situations that constitute mass tort include discrimination against a protected class of individuals, motor vehicle accidents, unfair business practices, or injuries caused by using the same or similar defective product, medical device, or drug.

A class action, on the other hand, is used to resolve civil matters related to corporate misconduct and consumer fraud. 

A mass tort claim is different from a class action. In a mass tort, victims may experience varying degrees of harm and losses, while in a class action, their damages are the same. For example, people injured by being exposed to dangerous drugs may experience different symptoms or reactions. Therefore, the settlement sought in a mass tort lawsuit must be evaluated based on their individual damages.

On the other hand, damages are the same in a class action. For example, when a corporation engages in illegal business practices, such acts injure people in a similar way. The potential compensation sought may be lower than the amount of money spent on filing a case. As a recourse, claimants file a single lawsuit to share the costs of litigation among them.

One or more victims may file a case on behalf of other plaintiffs and be represented by the same counsel in a class action, while they may seek their own separate attorney and file individual lawsuits in a mass tort claim. 

In case a class action settles favorably, plaintiffs divide the award for damages equitably among themselves. Attorney fees are part of the percentage of settlements paid to victims. In contrast, they may recover compensation for the total value of their losses in mass tort claims since damages in such cases are classified individually.

In a mass tort lawsuit, the courts only hear one case instead of multiple claims, allowing them to save time and expedite litigation and the process of awarding compensation to victims.

The Mass Tort Process

Similar to personal injury lawsuits, the process of mass tort cases in South Carolina consists of reviewing medical records and other relevant documentation to substantiate claims, bringing an action in federal court, conducting bellwether trials, and reaching settlements, which may occur at any time during the proceedings.

In South Carolina, federal courts consolidate mass tort claims in one central venue for pretrial proceedings. This procedure, called multidistrict litigation, helps the courts manage related lawsuits involving multiple plaintiffs from different states against the same defendant.

During this process, a single court master oversees procedural motions, discovery, and other pretrial matters. If the case cannot be settled favorably, it may be returned to the plaintiff's home district for trial.

Some mass tort lawsuits may settle favorably, while others may lead to lengthy litigation. The timeline for resolving mass tort claims in South Carolina depends on various factors, such as the nature and severity of victims’ injuries, the amount of compensation being sought, and the complexity of the cases, including allegations of shared liability. 

South Carolina Tort Liability Insurance Requirements

South Carolina Code § 38-77-140 requires people to obtain liability insurance to protect them against financial losses. Under the law, drivers must carry a minimum of $25,000 for either bodily injury or property damage claims.

Bodily injury liability insurance covers income loss, medical expenses, and pain and suffering. Property damage liability insurance, on the other hand, helps pay for repair costs of vehicles, buildings, or equipment.

The Statute of Limitations for Tort Cases in South Carolina

In South Carolina, mass tort claims must be filed within the statute of limitations for personal injury cases. Under South Carolina Code §15-3-530, plaintiffs have three years from the date of the accident to file a lawsuit.

Victims may sometimes fail to discover their injuries after the accident. In such cases, the law allows the three-year time limit to be “tolled” or temporarily stopped from running. The deadline may also be extended if the injured party is a minor.

If plaintiffs fail to file within the timeframe, they may lose their right to seek compensation for their injuries and losses or pursue another mass tort claim. They may seek the guidance of an attorney to ensure that they get to file their claims before the deadline passes. 

How Much Can Someone Sue in a Tort Case in South Carolina?

In South Carolina, the amount of damages a plaintiff may receive in a mass tort lawsuit may depend on various factors, such as the injuries or illnesses they sustained and their prognosis, as well as the medical bills they incurred. 

The courts also consider the victim’s age and physical and mental capabilities when calculating the value of mass tort claims.

Generally, injured parties may be reimbursed for economic damages, such as income loss and ongoing and future medical bills. 

Some healthcare-related expenses that may be compensated include costs for ambulance transport, diagnostic testing, home accommodations, mental health counseling, physical therapy, and treatments.

They may also seek compensation for non-economic losses, including disfigurement, mental anguish, psychological distress, and pain and suffering. 

If families have lost loved ones due to wrongful death, they may obtain damages to cover their medical bills, burial and funeral expenses, and loss of companionship and support. 

The state of South Carolina follows the modified comparative negligence system. This means that plaintiffs may still recover compensation, even if they were partially at fault for their injuries. Their recoverable damages will be reduced in proportion to their percentage of fault. 

However, if plaintiffs were 51% or more at fault for their injuries, they may be barred from recovering damages. If there are multiple defendants, their fault must also not exceed the combined negligence of the at-fault parties to obtain any recovery.

Damage Caps

South Carolina Code § 15-32-220 imposes a cap on noneconomic damages that a plaintiff may receive in a medical malpractice claim. Under the law, damages are limited to an amount not exceeding $350,000 for each claimant.

They may also be entitled to punitive damages if they can prove that the defendant acted intentionally or maliciously. South Carolina civil courts impose such damages to punish at-fault parties and prevent them from committing similar negligent acts in the future. 

The judge or jury decides if plaintiffs may receive punitive damages, but their attorneys may help determine if they qualify for such. There is no cap on punitive damages resulting from the defendant’s intentional acts.

Other Legal Remedies in Tort Cases in South Carolina

In South Carolina, a civil claim for recovery of damages is separate from a criminal action. If the at-fault party has been convicted of a crime resulting from a mass tort, such as assault, battery, or DUI, the court may also order them to pay for the plaintiff’s economic damages under South Carolina Code § 17-25-322.

To determine the amount of restitution to be awarded, the judge considers the victim’s mental and physical well-being, the hardship suffered due to the at-fault party’s actions, and the financial resources of both defendants and plaintiffs. 

Other factors include the defendant’s ability to pay on an installment basis or using other methods fixed by the court and the burden that such a method will impose on both parties.

An injunction is another legal remedy in mass tort cases. In this method, the court orders defendants to stop their harmful actions.

Resources for Tort Victims in South Carolina

South Carolina Bar Pro Bono Program

The South Carolina Bar Pro Bono Program is a nonprofit initiative that helps low-income people facing civil legal matters by connecting them to volunteer attorneys. It handles different types of cases, such as those involving consumer rights, bankruptcy, family, and probate. To qualify for the program, clients’ income must meet federally established poverty guidelines. To determine their eligibility, they may call 1-800-395-3425.

South Carolina Coalition Against Domestic Violence and Sexual Assault

The South Carolina Coalition Against Domestic Violence and Sexual Assault is a statewide coalition of social organizations providing pro bono legal assistance, prevention programs, and other intervention services. It works with attorneys to help survivors of domestic violence and sexual assault file tort claims against their perpetrators and provide brief legal advice. To obtain help, people may contact an authorized community partner or one of its member organizations that provide direct services to victims through this directory.

South Carolina Legal Services

South Carolina Legal Services is a nonprofit organization that assists low-income people facing civil legal matters, such as those related to consumer rights, employment, and health. It provides brief advice and extended representation to plaintiffs. To be eligible for their services, clients must have a household income not exceeding 125% of the federal poverty level. They may obtain legal assistance by calling their statewide intake office’s toll-free hotline at 1-888-346-5592 or filling out their online application form.