What Is Comparative Negligence In South Carolina Personal Injury Law?

When it comes to personal injury lawsuits, negligence is one of the most important concepts to understand. However, negligence can be a complex issue, especially when more than one person is contributing to an accident or injury. In South Carolina, the legal doctrine of comparative negligence is used to determine liability when multiple parties are responsible for an accident or injury. In this article, we will explore what comparative negligence is and how it works in South Carolina personal injury law.

Understanding Negligence

Before we dive into comparative negligence, it’s important to have a firm understanding of negligence itself. Negligence refers to a person’s failure to exercise reasonable care in a situation, which results in harm to another person. Examples of negligence can include things like distracted driving, failing to maintain a safe premises, or not providing adequate medical care.

In order to prove negligence in a personal injury lawsuit, the injured person must demonstrate that the following elements were present:

  • The defendant owed a legal duty of care to the plaintiff (the injured person).
  • The defendant breached that duty of care by failing to act reasonably, causing harm to the plaintiff.
  • The plaintiff suffered actual damages as a result of the defendant’s breach.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine that is used when more than one party is responsible for an accident or injury. Specifically, it is a method for determining each party’s share of liability for the damages that occurred. Essentially, comparative negligence assigns a percentage of fault to each party involved in the accident or injury, based on how much they contributed to causing it.

How Does Comparative Negligence Work?

In South Carolina, comparative negligence is governed by the state’s modified comparative negligence rule. Under this rule, a plaintiff can recover damages as long as they are not more than 50% at fault for the accident or injury. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages at all.

If the plaintiff is found to be less than 50% at fault, their damages will be reduced based on their percentage of fault. For example, if a plaintiff is found to be 20% at fault for an accident, their damages will be reduced by 20%. So if the total damages awarded were $100,000, the plaintiff would receive $80,000 (or 80% of the total damages).

Examples of Comparative Negligence in Action

To better understand how comparative negligence works, let’s take a look at a few examples.

Example 1: Car Accident

Imagine that two drivers are involved in a car accident. Driver A was texting while driving and ran a red light, while Driver B was driving slightly over the speed limit. As a result, the two cars collided and both drivers were injured.

In this scenario, it can be argued that both drivers were negligent. Driver A was clearly distracted and broke traffic laws, while Driver B was not following the rules of the road. Using comparative negligence, a judge or jury would assign a percentage of fault to each driver. For example, they might find that Driver A was 60% at fault and Driver B was 40% at fault. The damages awarded to each driver would then be adjusted based on their percentage of fault.

Example 2: Slip and Fall Accident

Now imagine that a person slips and falls in a grocery store. The store had recently mopped the floor, but did not place any warning signs in the area. The person who fell was also looking at their phone and not paying attention to where they were walking.

In this scenario, both parties were arguably negligent. The store did not take reasonable steps to warn customers of the potential hazard, while the person who fell was not being attentive. Using comparative negligence, a judge or jury would again assign a percentage of fault to each party. For example, they might find that the store was 70% at fault and the person who fell was 30% at fault. The damages awarded would then be adjusted based on each party’s percentage of fault.

Conclusion

Comparative negligence is an important doctrine in South Carolina personal injury law. It allows for a fair and equitable distribution of liability when multiple parties are responsible for an accident or injury. If you have been injured and are unsure of how liability will be assigned, it’s important to work with an experienced personal injury attorney who can help guide you through the legal process.

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