Home/South Carolina/Statutes/Title 15: CIVIL REMEDIES AND PROCEDURES/Ch. 78: SOUTH CAROLINA TORT CLAIMS ACT/§ 15-78-40
South Carolina Statutes

§ 15-78-40 — Tort liability of State, agency, political subdivision, or governmental entity, generally.

South Carolina § 15-78-40
JurisdictionSouth Carolina
Title 15CIVIL REMEDIES AND PROCEDURES
Ch. 78SOUTH CAROLINA TORT CLAIMS ACT

This text of South Carolina § 15-78-40 (Tort liability of State, agency, political subdivision, or governmental entity, generally.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.C. Code Ann. § 15-78-40 (2026).

Text

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.

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Legislative History

HISTORY: 1986 Act No. 463, SECTION 1.

Nearby Sections

15
§ 15-78-10
Short title.
§ 15-78-100
When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants.
§ 15-78-110
Statute of limitations.
§ 15-78-120
Limitation on liability; prohibition against recovery of punitive or exemplary damages or prejudgment interest; signature of attorney on pleadings, motions, or other papers.
§ 15-78-130
Defense of political subdivision which has not purchased insurance through State Fiscal Accountability Authority.
§ 15-78-140
Procurement of insurance by political subdivisions; exclusivity of remedies provided in this chapter.
§ 15-78-150
Authority of State Fiscal Accountability Authority to purchase liability insurance; funding of purchase by participating governmental entities; premiums set according to risk; development of actuarial rating system plan.
§ 15-78-160
Nonliability of State Fiscal Accountability Authority where lack of insurance coverage results from agency's or political subdivision's failure to pay premium.
§ 15-78-170
Action or claim for death of person; division of recovery.
§ 15-78-180
Applicability of chapter to causes of action arising before or after July 1, 1986.
§ 15-78-190
Compensation of plaintiff pursuant to underinsured or uninsured defendant provisions of plaintiff's insurance policy.
§ 15-78-20
Legislative findings; declaration of public policy; extent of, and construction of, waiver of immunity.
§ 15-78-200
Exclusive and sole remedy for torts committed by employee of governmental entity while acting within scope of employee's official duty.
§ 15-78-210
Rights and privileges preserved.
§ 15-78-220
Rights and privileges not affected.
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Bluebook (online)
South Carolina § 15-78-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/78/15-78-40.