Sidewalk and Public Property Falls in South Carolina
Who is responsible for a fall on a broken sidewalk in South Carolina, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: Under the South Carolina Tort Claims Act, a government entity responsible for maintaining highways, roads, streets, causeways, bridges or other public ways is not liable for a defect or condition in, on, under or overhanging the public way that was caused by a third party, unless the… S.C. Code § 15-78-60(15)
| Sidewalk falls: who is responsible | Under the South Carolina Tort Claims Act, a government entity responsible for maintaining highways, roads, streets, causeways, bridges or other public ways is not liable for a defect or condition in, on, under or overhanging the public way that was caused by a third party, unless the entity failed to correct it within a reasonable time after actual or constructive notice. The provision does not mention sidewalks by name, and the statutes read do not address abutting-owner liability. Claims are subject to the Act's claim, time-limit and damage-cap rules (see local government notice). Source: S.C. Code § 15-78-60(15) |
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| Claims against a city or county | One law, the South Carolina Tort Claims Act, covers both the State and political subdivisions. Filing an administrative claim is optional; if filed against a political subdivision, it goes to the political subdivision that employs the employee whose act or omission caused the loss, and it must be received within one year after the loss was or should have been discovered. A claimant who files a claim may not sue until 180 days pass, the claim is disallowed, or a settlement offer is rejected. Suit must be filed within two years after the loss was or should have been discovered (three years if a claim was first filed). Recovery is capped at $300,000 per person per occurrence and $600,000 total per occurrence. |
| Suing the government | Under the South Carolina Tort Claims Act, a claimant may file a verified claim (with the State Fiscal Accountability Authority or the employing agency for the state, or with the political subdivision); if filed, it must be received within one year after the loss was or should have been discovered. A lawsuit must be filed within two years after the loss was or should have been discovered, or within three years if a claim was first filed. Recovery is capped at $300,000 per person and $600,000 per occurrence ($1.2 million for claims caused by government-employed physicians or dentists). Punitive damages and prejudgment interest are not allowed. |
| Deadline to sue for an injury | Three years for assault, battery, or any injury to the person or rights of another not arising from a contract. Source: S.C. Code § 15-3-530(5) |
More South Carolina personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Carolina
- Wrongful Death Lawsuits in South Carolina
- Medical Malpractice Rules in South Carolina
- Car Accident Claims in South Carolina
- Dog Bite Liability in South Carolina
- Motorcycle Accident Claims in South Carolina
- Pedestrian Accident Claims in South Carolina
- Bicycle Accident Claims in South Carolina
- Uber and Lyft Accident Claims in South Carolina
- Construction Site Injuries in South Carolina
- All South Carolina personal injury & wrongful death rules
FAQ
Who is liable if you trip and fall on a sidewalk in South Carolina?
Under the South Carolina Tort Claims Act, a government entity responsible for maintaining highways, roads, streets, causeways, bridges or other public ways is not liable for a defect or condition in, on, under or overhanging the public way that was caused by a third party, unless the entity failed to correct it within a reasonable time after actual or constructive notice. The provision does not mention sidewalks by name, and the statutes read do not address abutting-owner liability. Claims are subject to the Act's claim, time-limit and damage-cap rules (see local government notice).
How long do you have to file a claim against a city or county in South Carolina?
One law, the South Carolina Tort Claims Act, covers both the State and political subdivisions. Filing an administrative claim is optional; if filed against a political subdivision, it goes to the political subdivision that employs the employee whose act or omission caused the loss, and it must be received within one year after the loss was or should have been discovered. A claimant who files a claim may not sue until 180 days pass, the claim is disallowed, or a settlement offer is rejected. Suit must be filed within two years after the loss was or should have been discovered (three years if a claim was first filed). Recovery is capped at $300,000 per person per occurrence and $600,000 total per occurrence.
How do you file an injury claim against the government in South Carolina?
Under the South Carolina Tort Claims Act, a claimant may file a verified claim (with the State Fiscal Accountability Authority or the employing agency for the state, or with the political subdivision); if filed, it must be received within one year after the loss was or should have been discovered. A lawsuit must be filed within two years after the loss was or should have been discovered, or within three years if a claim was first filed. Recovery is capped at $300,000 per person and $600,000 per occurrence ($1.2 million for claims caused by government-employed physicians or dentists). Punitive damages and prejudgment interest are not allowed.
What is the statute of limitations for personal injury in South Carolina?
Three years for assault, battery, or any injury to the person or rights of another not arising from a contract.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.