Claims against a city, county, state agency, school district, or other public entity follow rules that differ from ordinary personal injury cases. Hughes Law Group handles government-liability matters in Columbia and across South Carolina, including negligence claims and cases that also involve civil rights litigation.
What the South Carolina Tort Claims Act Covers
The South Carolina Tort Claims Act provides the principal state-law framework for tort claims against government entities and employees acting within the scope of official duties. Potential defendants can include municipalities, counties, state departments, public schools, and other qualifying entities.
Examples of Government Liability Claims
Government claims can arise from ordinary negligence or misconduct involving public employees and property. Examples include:
- Crashes involving police cars, city trucks, or other government vehicles
- Dangerous public property or roadway conditions
- Grossly negligent supervision or custody in qualifying school, jail, or institutional cases
- Injuries caused by government employees acting within the scope of their duties
- Claims that overlap with police misconduct or federal civil-rights violations
Immunity Exceptions and Higher Proof Standards
The Tort Claims Act contains numerous exceptions to liability. Some claims involving supervision, protection, control, confinement, or custody require proof of gross negligence. Other exceptions can bar state-law recovery entirely. That is why identifying the correct defendant and legal theory early is important.
Deadlines and Damage Caps Under the Tort Claims Act
A Tort Claims Act lawsuit generally must be filed within two years after the loss was or should have been discovered. If a qualifying verified claim is filed first and later rejected or disallowed, you may file the action within three years. The Act also generally limits recovery to $300,000 for one person arising from a single occurrence and $600,000 in the aggregate, subject to statutory exceptions.
State Tort Claims and Federal Civil Rights Claims Are Different
A federal civil-rights claim under 42 U.S.C. § 1983 is not simply another Tort Claims Act claim. Federal claims can involve constitutional violations such as excessive force, unlawful detention, or deliberate indifference. They have different defendants, defenses, damages rules, and standards. Some cases support both state and federal claims.
Talk With a Columbia Government Liability Attorney
Hughes Law Group can identify the responsible agency, preserve records, evaluate immunity issues, and determine whether state, federal, or parallel claims fit the facts. Call (803) 704-1004 or request a free consultation through the contact page.
