South Carolina's rule: barred at 51%
Under South Carolina's modified comparative negligence rule, a claimant's fault reduces recovery proportionally, but once that fault reaches 51% or more, recovery is legally prohibited entirely.
Worked example
Someone with $100,000 in damages, found 49% at fault, recovers $51,000. That same person, found exactly 50% at fault instead, still recovers $50,000. Found at 51%, that same person recovers nothing at all.
A genuinely distinctive liability rule: the same 50% line, used twice
South Carolina uses the 50% threshold for a second purpose beyond the recovery bar. Under S.C. Code § 15-38-15, enacted in 1988, joint and several liability does not apply to any defendant whose own fault is found to be less than 50% of the total — that defendant pays only their own proportional share. But a defendant found to be 50% or more at fault can still be held jointly and severally liable, meaning they could end up paying the full judgment, not just their own percentage. See our full guide to how fault and liability work together in South Carolina for the real exceptions to this rule.