Coal Ash Contamination Lawsuit Lawsuit in South Carolina

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Written By
People's Justice Legal Research Team

Statute of Limitations

South Carolina Code § 15-3-530 provides a 3-year statute of limitations for personal injury claims, including those arising from toxic environmental exposure. Property damage claims carry a 3-year limitations period under SC Code § 15-3-530(5). The discovery rule applies — the limitations period begins when the plaintiff knew or should have known of the injury and its causal connection to coal ash contamination.

3 years PI (SC Code § 15-3-530), 3 years property

Filing Venue

Where to File in South Carolina

South Carolina state court claims proceed in the Court of Common Pleas. Key venues include Richland County (Columbia — SCE&G/Dominion headquarters and Wateree station), Lexington County, and Georgetown County (Winyah station). South Carolina applies a modified comparative negligence standard — plaintiff recovery is reduced by their percentage of fault and barred if over 50%. The state does not cap compensatory damages in environmental tort cases. South Carolina courts follow the Daubert standard for expert testimony. Dominion Energy's acquisition of SCE&G in 2019 consolidated liability for legacy coal ash sites under a well-capitalized defendant.

South Carolina Data

Exposure in South Carolina

Source: SC DHEC

Source: SC Department of Health and Environmental Control

Source: EPA Coal Combustion Residuals Inventory

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