§ 15-78-10 Short title
§ 15-78-20 Legislative findings; declaration of public policy; extent of, and construction of, waiver of immunity
§ 15-78-30 Definitions
§ 15-78-40 Tort liability of State, agency, political subdivision, or governmental entity, generally
§ 15-78-50 Right of injured person to file claim; non-liability of governmental entity where employee would not be liable if a private person; injunctions against governmental entities
§ 15-78-60 Exceptions to waiver of immunity
§ 15-78-70 Liability for act of government employee; requirement that agency or political subdivision be named party defendant; effect of judgment or settlement
§ 15-78-80 Filing of verified claim; handling and disposition of claims; requirement that agencies and political subdivisions cooperate with State Fiscal Accountability Authority
§ 15-78-90 Settlement of claims and actions; institution of action where claim has or has not been filed
§ 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
§ 15-78-200 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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Terms Used In South Carolina Code > Title 15 > Chapter 78 - South Carolina Tort Claims Act

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: means a human being. See South Carolina Code 12-2-20
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • partnership: includes a limited liability company taxed for South Carolina income tax purposes as a partnership;

    (2) "partner" includes a member of a limited liability company taxed for South Carolina income tax purposes as a partnership;

    (3) "corporation" includes a limited liability company or professional or other association taxed for South Carolina income tax purposes as a corporation; and

    (4) "shareholder" includes a member of a limited liability company taxed for South Carolina income tax purposes as a corporation. See South Carolina Code 12-2-25
  • person: includes any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group; and

    (2) "individual" means a human being. See South Carolina Code 12-2-20
  • Personal property: All property that is not real property.
  • property: as used in this Title , includes both real and personal property. See South Carolina Code 15-1-50
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.