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South Carolina law

Product Liability Laws in South Carolina.

South Carolina applies strict product liability for design, manufacturing, and warning defects. South Carolina adopted Restatement (Second) Torts § 402A in Madden v. Cox (284 S.C. 574 (1985)). Plaintiffs may recover under strict liability, negligence, or breach of warranty. South Carolina has an 8-year statute of repose for products (S.C. Code § 15-3-640). Compensatory damages are not capped in product liability. Punitive damages capped under SC Code § 15-32-530.

Last verified: 2026-04-17

State law

Statute of Limitations

3 years; 8-year statute of reposeS.C. Code §§ 15-3-530, 15-3-640

3-year statute from discovery. 8-year statute of repose from first sale or lease.

State law

Damage Caps

Compensatory Damages: No cap

South Carolina does not cap compensatory damages in product-liability cases.

Punitive Damages: Greater of $500,000 or 3x compensatoryS.C. Code § 15-32-530

Punitive damages capped at the greater of $500,000 or 3 times compensatory damages. Higher cap for specific circumstances (felony conduct, intoxicated defendant).

State law

Key South Carolina Statutes

Strict Product LiabilityS.C. Code § 15-73-10 et seq.; Restatement (Second) Torts § 402A

Product sellers are strictly liable for injuries caused by products in defective condition unreasonably dangerous to the user or consumer.

Design Defect TestSouth Carolina common law

South Carolina applies both consumer-expectations and risk-utility analyses for design-defect claims.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

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