South Carolina Code of Laws
Chapter 78 - South Carolina Tort Claims Act
Section 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.

(a) Any person who may suffer a loss proximately caused by a tort of the State, an agency, a political subdivision, or a governmental entity, and its employee acting within the scope of his official duty may file a claim as hereinafter provided.
(b) In no case is a governmental entity liable for a tort of an employee where that employee, if a private person, would not be liable under the laws of this State.
(c) Nothing herein shall affect the power of a court of equity at the suit of a party complainant to enjoin unlawful acts committed by governmental entities or mandate lawful action by governmental entities.
HISTORY: 1986 Act No. 463, Section 1.

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Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 15 - Civil Remedies and Procedures

Chapter 78 - South Carolina Tort Claims Act

Section 15-78-10. Short title.

Section 15-78-20. Legislative findings; declaration of public policy; extent of, and construction of, waiver of immunity.

Section 15-78-30. Definitions.

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

Section 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.

Section 15-78-60. Exceptions to waiver of immunity.

Section 15-78-70. Liability for act of government employee; requirement that agency or political subdivision be named party defendant; effect of judgment or settlement.

Section 15-78-80. Filing of verified claim; handling and disposition of claims; requirement that agencies and political subdivisions cooperate with State Fiscal Accountability Authority.

Section 15-78-90. Settlement of claims and actions; institution of action where claim has or has not been filed.

Section 15-78-100. When and where to institute action; requirement of special verdict specifying proportionate liability of multiple defendants.

Section 15-78-110. Statute of limitations.

Section 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.

Section 15-78-130. Defense of political subdivision which has not purchased insurance through State Fiscal Accountability Authority.

Section 15-78-140. Procurement of insurance by political subdivisions; exclusivity of remedies provided in this chapter.

Section 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.

Section 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.

Section 15-78-170. Action or claim for death of person; division of recovery.

Section 15-78-180. Applicability of chapter to causes of action arising before or after July 1, 1986.

Section 15-78-190. Compensation of plaintiff pursuant to underinsured or uninsured defendant provisions of plaintiff's insurance policy.

Section 15-78-200. Exclusive and sole remedy for torts committed by employee of governmental entity while acting within scope of employee's official duty.

Section 15-78-210. Rights and privileges preserved.

Section 15-78-220. Rights and privileges not affected.