When a person or a business entity negligently causes injury, you typically have a cause of action against them for negligence. That claim generally allows you to recover compensation for losses like medical expenses, lost income, pain and suffering, and more. But what happens when the negligent party is the state, or one of its departments?
The answer is complicated. In some cases, you may have a claim against a state entity for your injuries. But your rights are not necessarily the same as they would be if a private citizen or company had caused your injuries.
Sovereign Immunity in South Carolina
Until 1986, South Carolina law protected the state from civil liability for injury and other tort claims. Under absolute sovereign immunity, an injured person cannot sue the state. The rationale behind sovereign immunity is that the state must be free to provide services, maintain property, and fulfill other obligations within the bounds of budgetary restrictions and other obstacles. Proponents of sovereign immunity also point out that when a judgment is entered against a governmental entity, it is the taxpayers who suffer, not the wrongdoers.
40 years ago, the South Carolina legislature (like many states) decided some balance was required. The result was a shift from sovereign immunity to qualified and limited liability. That opened up the door for some claims against the state. It also made it difficult for someone outside the legal profession to know when they can and cannot seek compensation from a governmental entity.
The best way to answer that question is to talk to an experienced Charleston personal injury lawyer.
How Does Qualified and Limited Liability Work?
Under the current law, the state retains sovereign immunity. However, the law allows claims against the state in certain circumstances. At the same time, the statute includes a list of 40 circumstances in which claims against the state are not permitted. These range from injuries or damages occurring during civil disobedience to the exercise of judicial or legislative powers to weather-related road conditions.
In some cases, this makes the analysis of your possible claim complex. For example, imagine that you were involved in an accident due to the condition of a state-maintained road in South Carolina.
If the condition is caused by ice on the road, the state is not liable–unless the road condition was caused by the negligence of a state employee, and then the state may be liable. So ice that formed naturally and wasn’t cleared away generally won’t give rise to a claim against the state, but ice that formed due to a negligent spill by a state employee might.
If the obstacle in the road isn’t natural–say, a chunk of debris that flew off of a truck driven by a third party–the state isn’t liable unless they had actual or constructive notice of the hazard and failed to correct it in a timely manner. But if the debris fell from a state vehicle or the state had notice and failed to act, they may be liable.
This is just one example of the types of complexities that can arise in assessing a claim against the state.
Monetary Damages May Also Be Limited in Claims Against the State
The statute limits the amount of recovery available in a claim against the state, regardless of the amount of actual damages. The limitation may be different based on the type of claim you have–for example, special limitations apply to healthcare-related claims. In addition, punitive damages are not available in injury claims against the state.
How a Charleston Injury Lawyer Can Help
If you’ve been injured in an accident on South Carolina state property or in some other way through the negligence of a state employee, an experienced Charleston personal injury lawyer can:
- Assess and investigate your claim to determine whether you can pursue damages from the state
- Explain any limitations or special procedures that may apply in your case
- Assess your case for possible additional responsible parties whose liability is less limited
- Gather evidence and build the strongest possible case on your behalf
- Negotiate with the state’s insurer and the insurer’s for any other responsible parties
- If it’s in your best interests, argue your case to a Charleston jury
Unsure whether you have an injury claim against a state entity? Schedule a free consultation to learn more about your rights and options. Just call 843-300-7600 or fill out our contact form.