Damages Allocation in South Carolina
2 min read
Published July 14, 2026 • By DocketMath Team
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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.
Current verified answer
South Carolina damages-allocation: limitation period is see statute; bar threshold percent is 51.
Run the allocationAuthority and key facts
- Limitation Period: see statute
- Bar Threshold Percent: 51
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.
Damages Allocation in South Carolina
In South Carolina, damages are allocated according to each party’s percentage of fault, and a plaintiff may recover only if their share is 51% or less. Under S.C. Code Ann. § 15-38-15, the factfinder assigns a percentage of fault to each party, including the plaintiff. The plaintiff’s recovery is reduced by their own percentage of fault. If the plaintiff’s fault exceeds 51%, they are barred from any recovery. The statute sets out the specific factors and exceptions for this calculation. The worked example below illustrates how the allocation applies in practice. For your own case, use the DocketMath calculator to estimate the allocation based on the official source’s exact details.
Governing authority
In South Carolina, the damages allocation rule is set by S.C. Code Ann. § 15-38-15. The verified packet cites S.C. Code Ann. § 15-38-15 (https://www.scstatehouse.gov/code/t15c038.php).
South Carolina damages allocation: the verified value is 51% under S.C. Code Ann. § 15-38-15. The verified packet cites S.C. Code Ann. § 15-38-15 (https://www.scstatehouse.gov/code/t15c038.php).
Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.