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·Title 15 CIVIL REMEDIES AND PROCEDURES·Ch. 78 SOUTH CAROLINA TORT CLAIMS ACT
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.

Free access — add to your briefcase to read the full text and ask questions with AI

South Carolina § 15-78-40 (Tort liability of State, agency, political subdivision, or governmental entity, generally.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.
View on official source ↗