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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a burn in South Carolina
The only burn center the ABA lists in South Carolina is the South Carolina Burn Center at MUSC in Charleston, ABA-verified for adults and children. If a local emergency room treated you for a serious burn, ask whether you should be seen there. Be especially careful with children: scalds make up 58% of pediatric burn center cases (ABA fact sheet).
- Save the item that burned you, whether a pot, lighter, heater or cup.
- Photograph the burn as it changes over the following weeks.
- Get the incident report and the names of workers and witnesses.
- Ask in writing that any camera footage be kept.
To look for a lawyer on your own, the South Carolina Bar runs a Lawyer Referral Service, listed on its Get Legal Help page (SC Bar). The Office of State Fire Marshal publishes fire fatality statistics and a dashboard (SC State Fire).
The deadline to file in South Carolina
An action for any injury to the person, not arising on contract, must be brought within three years (S.C. Code 15-3-530(5)). The three years run from the date you knew, or by reasonable diligence should have known, that you had a cause of action (S.C. Code 15-3-535).
The South Carolina Tort Claims Act sets its own timing for public bodies. Filing a verified claim first is optional. If you file one, it must be received within one year after the loss was or should have been discovered (S.C. Code 15-78-80). Claims against the state go to the State Fiscal Accountability Authority or the employing agency; claims against a political subdivision go to that subdivision. The lawsuit must be filed within two years of discovery, or three years if a claim was filed first (S.C. Code 15-78-110).
How fault works in South Carolina
In Nelson v. Concrete Supply Co., the South Carolina Supreme Court adopted modified comparative negligence for causes of action arising on or after July 1, 1991. A plaintiff may recover if his or her negligence is not greater than the defendant’s, so if your share is more than 50%, you are barred.
A guest at a beach rental is burned when the owner’s gas grill, with a cracked hose, flares up. The jury puts damages at $80,000, finds the owner 55% at fault, and puts 45% on the guest for lighting it with the lid closed. The guest recovers $44,000. Flip the percentages and the guest recovers nothing.
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Damages and caps in South Carolina
Punitive damages require clear and convincing evidence of willful, wanton, or reckless conduct (S.C. Code 15-32-520(D)). Section 15-32-530 sets the limits:
| Situation | Punitive damages limit |
|---|---|
| General rule | Greater of 3x compensatory or $500,000 (CPI-adjusted) |
| Unreasonable financial gain, or felony-level conduct | Up to the greater of 4x or $2 million |
| Intent to harm, felony conviction or plea, alcohol or drug impairment | No cap |
A burn during medical care has a separate noneconomic cap of $350,000 per claimant for each provider or institution and $1,050,000 total for all defendants, adjusted yearly for CPI (S.C. Code 15-32-220). It does not apply to gross negligence, willful, wanton or reckless conduct, fraud, or altered or destroyed records.
Burns at work in South Carolina
Workers’ compensation rights exclude all other rights and remedies against the employer (S.C. Code 42-1-540), and the statute has no intentional-injury exception. In Dickert v. Metropolitan Life Ins. Co., the state Supreme Court held that the Act does not shield a co-employee’s intentional injurious conduct. It also held that only “dominant corporate owners and officers” can be the employer’s alter ego for an intentional-tort suit against the employer.
You can take comp and also sue a third party, such as the company that installed a faulty boiler at your plant (S.C. Code 42-1-560). The carrier has a lien on the recovery for the comp it paid, less its share of fees and costs. If you do not sue within one year after the carrier accepts liability, the right of action can pass to the carrier.
Burn centers in South Carolina
The ABA directory lists one burn center in South Carolina, and it is ABA-verified for adults and children.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| South Carolina Burn Center at MUSC, ABA-verified | Charleston | 169 Ashley Ave, Msc 351, Charleston, SC 29425 | (843) 792-3780 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Burn cases often involve a business that controlled the danger, such as a restaurant serving drinks too hot or a landlord with a bad gas line. On a job site, a contractor who is not your employer can be sued, and the maker of a defective space heater or e-bike battery can answer for what it built.
How Beverly Law helps in South Carolina
Beverly Law is a California law firm whose attorneys are licensed in California and Washington. For a burn injury in South Carolina, it works with South Carolina-licensed attorneys through its referral network. A free case review connects you with a South Carolina-licensed burn injury attorney, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · North Carolina burn injury lawyer · Georgia burn injury lawyer
This page is general information about South Carolina law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in South Carolina can tell you how they apply to your case.
Common questions
How long do I have to sue for a burn in South Carolina?
Three years under S.C. Code 15-3-530(5), measured from when you knew or should have known you had a claim. Against a public body, the lawsuit is due within two years of discovery, or three if you first file a verified claim (S.C. Code 15-78-110).
What if I was partly at fault?
You can still recover if your negligence was not greater than the defendant’s, under Nelson v. Concrete Supply Co.. Your damages are reduced by your share. If a jury finds you more at fault than the defendant, you recover nothing.
Are punitive damages capped in South Carolina?
Usually. The general cap is the greater of three times compensatory damages or $500,000, CPI-adjusted (S.C. Code 15-32-530). There is no cap for intent to harm, a felony conviction or plea, or impairment by alcohol or drugs.
Can I sue my employer for a workplace burn?
Generally no, because comp excludes other remedies against the employer (S.C. Code 42-1-540). You can sue an outside party, but file within one year after the carrier accepts liability, or the right can pass to the carrier.
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Burn injury lawyer — Beverly Law
Burned in South Carolina because of someone else? A free case review connects you with a burn injury attorney licensed in South Carolina, usually within one business day.
Related pages
Sources
- scstatehouse.gov/code/t15c003.php
- courtlistener.com/opinion/1265650/nelson-v-concrete-supply-company/
- ameriburn.org/resources/burn-incidence-fact-sheet/
- scbar.org/for-the-public/quicklinks/get-legal-help/
- statefire.llr.sc.gov/osfm/fatalities.aspx
- scstatehouse.gov/code/t15c078.php
- scstatehouse.gov/code/t15c032.php
- scstatehouse.gov/code/t42c001.php
- courtlistener.com/opinion/1288360/dickert-v-metropolitan-life-insurance/
- ameriburn.org/burn-care-team/resources/burn-centers/south-carolina-burn-c
- ameriburn.org/burn-care-team/resources/find-a-burn-center
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.