Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
HISTORY: 1962 Code Section 10-1951; 1952 Code Section 10-1951; 1942 Code Section 411; 1932 Code Section 411; Civ. P. '22 Section 367; Civ. C. '12 Section 3955; Civ. C. '02 Section 2851; G. S. 2183; R. S. 2315; 1859 (12) 706; 1949 (46) 270.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 51 - Death By Wrongful Act And Lynching
Section 15-51-10. Civil action for wrongful act causing death.
Section 15-51-20. Beneficiaries of action for wrongful death; by whom brought.
Section 15-51-30. Effect of illegitimacy.
Section 15-51-40. Damages; amount and to whom payable.
Section 15-51-41. Court approval required for settlement of wrongful death or survival action.
Section 15-51-42. Approval of settlements of wrongful death or survival actions.
Section 15-51-50. Liability for costs.
Section 15-51-60. Effect of action prior to death.
Section 15-51-210. When county is liable for damages for lynching.