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★ South Carolina · back & spine

Back & spine settlements
in South Carolina.

By Reviewed by Abd Shanti, Founder9 min read

Back injury claims in South Carolina often turn on timing and on proof of a defect. A patient whose spinal surgery went wrong saved part of her claim from the time bar on appeal, while a hotel guest who fell when a resin chair broke could not show the chair maker was at fault.

Facts that decide a back & spine claim in South Carolina

Malpractice capNoneconomic damages are limited to $350,000 per claimant against a single provider or institution, and $1,050,000 against all of them, adjusted each year for inflation; economic damages are not capped.S.C. Code § 15-32-220
Deadline to sueThree years for “any injury to the person or rights of another, not arising on contract.”S.C. Code § 15-3-530(5)
Fault ruleA plaintiff “may recover damages if his or her negligence is not greater than that of the defendant,” with the award reduced by that share; with several defendants, the comparison is to their combined negligence.Nelson v. Concrete Supply Co. (S.C. 1991)
united states · sister site
Your back & spine claim in South Carolina. See the number for your own case.

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★ SC · reported back & spine outcomes

What South Carolina courts have awarded.

Real South Carolina decisions and verdicts, each linked to the court record or official report.

  • Chabek v. AnMed Health
    South Carolina Court of Appeals · 2023
    Summary judgment affirmed in part, reversed in part

    After two years of worsening lower back, hip and leg pain, Anita Chabek had surgery in August 2017 to remove a synovial cyst at L5-S1. She and her husband later sued the neurosurgeon and hospital for negligence, negligent supervision and lack of informed consent, including the surgeon’s failure to disclose personal factors. The trial court held the claims were late or not allowed; the Court of Appeals affirmed in part, reversed in part and sent part of the case back.

  • Jackson v. Bermuda Sands
    South Carolina Court of Appeals · 2009
    Summary judgment for chair maker affirmed

    Eric Jackson, a guest at a Myrtle Beach hotel, sat in a white resin chair by the indoor pool, and it collapsed and broke into several pieces. He said he injured his back and legs. The trial court granted summary judgment to the chair manufacturer on his product liability claims, and the Court of Appeals affirmed.

★ SC · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in South Carolina.

  1. 1

    Track the three year deadline from when you knew or should have known of the injury; parts of Chabek’s case turned on timing.

  2. 2

    Keep the broken product. Claims against a manufacturer need evidence of a defect, and Jackson’s did not reach a jury.

  3. 3

    Malpractice noneconomic damages are capped, but the cap does not apply when the jury finds gross negligence or recklessness.

★ SC · statute of limitations
3 years from date of injury

S.C. Code Ann. § 15-3-530

★ SC · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ SC · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in South Carolina.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How South Carolina's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
South Carolina · you are hereModified comparative, 51% bar3 years from date of injury—
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · back & spine →
TexasModified comparative, 51% bar2 years from date of injuryTX · back & spine →
VirginiaPure contributory negligence2 years from date of injuryVA · back & spine →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · back & spine →
AlabamaPure contributory negligence2 years from date of injuryAL · back & spine →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · back & spine →
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
South DakotaSlight versus gross negligence3 years from date of injurySD · back & spine →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · back & spine →
★ SC · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

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FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of SC
South Carolina overview

Fault rule, statute, caps, and key facts for South Carolina as a whole.

★ national frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in South Carolina. See /methodology, /sources, and /disclaimer.