How South Carolina's Bohren Law Protects You in Personal Injury Cases

What Bohren Law Does in South Carolina Personal Injury Cases

Bohren Law is a South Carolina legal rule that limits how much a defendant can reduce the amount of money you receive in a personal injury case, even if you were partially at fault for your own injury. Under this rule, if you are found to be less than 50 percent responsible for what happened, you can still recover damages from the defendant — the defendant cannot use your partial fault to eliminate your entire claim.

The rule comes from a 1991 South Carolina Supreme Court case called Bohren v. Colson Equipment Corp. It changed how South Carolina courts handle cases where both the injured person and the defendant share some blame. Before Bohren, South Carolina followed a "contributory negligence" system that barred you from recovering anything if you were even slightly at fault. Bohren replaced that with a "comparative negligence" approach that lets you recover money based on how much the other person was actually responsible.

This matters because it means your case does not automatically fail if you made a mistake that contributed to your injury. A court will look at the facts, decide what percentage of fault belongs to you and what percentage belongs to the defendant, and calculate your recovery based on those percentages.

Key Takeaways

• Bohren Law allows you to recover damages in South Carolina even if you were partially at fault, as long as you were less than 50 percent responsible for the injury.
• Your total recovery is reduced by your percentage of fault — if you are 20 percent at fault and damages are $10,000, you receive $8,000.
• The defendant cannot argue that your partial fault bars your entire claim; instead, a jury or judge weighs both parties' responsibility.
• Bohren Law applies to most personal injury cases in South Carolina, including car accidents, slip-and-fall incidents, and product liability claims.

How Fault Percentages Work in Your Damage Award

When a case goes to trial or settlement under Bohren Law, the court or jury assigns a percentage of fault to each party. If you are found 30 percent at fault and the defendant is 70 percent at fault, your damages are multiplied by 0.70. So if the total damages are $100,000, you receive $70,000 instead of nothing.

The key threshold is 50 percent. If you are found to be 50 percent or more at fault, you recover nothing under South Carolina law. But if you are 49 percent at fault, you can recover 51 percent of the damages. This is why the exact percentage matters so much — being just under the halfway point can mean the difference between a substantial recovery and no recovery at all.

Fault percentages are determined by looking at the actions of both parties leading up to the injury. A jury or judge considers whether either party failed to exercise reasonable care, whether either party ignored warnings or safety rules, and whether either party's conduct was reckless or intentional. An attorney can present evidence and arguments to show that the defendant's actions were the primary cause of your injury.

When Bohren Law Applies and When It Does Not

Bohren Law applies to most personal injury cases in South Carolina, including motor vehicle accidents, premises liability (slip-and-fall cases), product liability, and medical malpractice. It also applies to wrongful death cases where the deceased person's own actions may have contributed to the fatal injury.

There are some exceptions. Bohren Law does not apply to cases involving intentional misconduct — if a defendant intentionally harmed you, you can recover full damages regardless of any fault on your part. It also does not apply in certain statutory cases where the law specifically bars comparative negligence, though these are rare.

Workers' compensation cases operate under a different system entirely and do not use Bohren Law. If you were injured at work, you would pursue a workers' compensation claim through South Carolina's workers' compensation system rather than a personal injury lawsuit.

How Bohren Law Affects Settlement Negotiations

Insurance companies and defendants use Bohren Law as a negotiating tool. They will often argue that you bear a higher percentage of fault than you actually do, because even a small shift in the percentage can significantly reduce what they have to pay. If they can convince you that you are 40 percent at fault instead of 20 percent, your recovery drops by 20 percent of the total damages.

This is why documenting what happened is critical. Photographs of the accident scene, witness statements, police reports, medical records, and expert testimony all help establish the actual sequence of events and who failed to exercise reasonable care. An attorney can use this evidence to counter arguments that overstate your responsibility.

Settlement offers often reflect the defendant's calculation of what a jury might award under Bohren Law. They may offer you a percentage of damages that reflects their estimate of your fault percentage, or they may offer less, betting that you will accept rather than go to trial. Understanding how Bohren Law works helps you evaluate whether a settlement offer is reasonable.

Proving Fault in a South Carolina Personal Injury Case

To recover damages under Bohren Law, you must show that the defendant owed you a duty of care, that the defendant breached that duty, that the breach caused your injury, and that you suffered damages. The defendant will then argue that you also breached a duty of care and that your actions contributed to the injury.

Evidence that helps establish the defendant's fault includes eyewitness accounts, security camera footage, accident reconstruction reports, expert testimony about industry standards or safety practices, and documentation of the defendant's prior similar incidents or complaints. In a car accident, a police report and traffic laws establish what each driver should have done. In a slip-and-fall case, evidence that the property owner knew or should have known about a hazard and failed to warn or fix it supports your claim.

Your own actions will be scrutinized as well. The defendant will present evidence that you were distracted, failed to follow instructions, ignored warnings, or took unnecessary risks. An attorney can explain why those actions, even if imperfect, do not outweigh the defendant's primary responsibility for the injury.

Differences Between Bohren Law and Other States' Rules

Not all states use Bohren Law or comparative negligence. Some states still follow pure contributory negligence, which bars recovery if you are at fault at all — even 1 percent. A few states use "pure comparative negligence," which lets you recover even if you are 99 percent at fault. South Carolina's version, called "modified comparative negligence," sits in the middle: you can recover as long as you are less than 50 percent at fault.

If you were injured in another state or by a defendant from another state, the rules that apply depend on where the injury occurred and which state's law a court decides governs the case. This is one reason why an attorney familiar with South Carolina law is important — they understand how Bohren Law works and how it compares to the rules in neighboring states.

South Carolina courts have refined Bohren Law through decades of cases since 1991. The rule itself has remained stable, but courts have clarified how to apply it in specific situations, such as when multiple defendants are involved or when a plaintiff's own negligence is extreme but still under 50 percent.

What Happens If You Are Found More Than 50 Percent at Fault

If a jury or judge finds that you are 50 percent or more at fault for your injury, you recover nothing under Bohren Law. This is called the "50 percent bar." Even if the defendant was also negligent, if you cross that threshold, your claim fails entirely.

This outcome is why the percentage information is so contested in cases where fault is genuinely shared. A defendant will argue aggressively that you bear the majority of responsibility, while your attorney will argue that the defendant's actions were the primary cause. The difference between 49 percent and 51 percent can mean thousands or hundreds of thousands of dollars.

If you believe a jury's fault finding was wrong, an appeal may be possible, but appeals courts are reluctant to overturn jury verdicts on factual questions like fault. This is another reason why settlement negotiations and trial preparation are so important — getting the fault percentage right the first time matters enormously.

Frequently Asked Questions

Can I still recover if I was partially at fault for my injury?

Yes, under Bohren Law you can recover as long as you were less than 50 percent at fault. Your recovery is reduced by your percentage of fault. If you were 25 percent at fault and the total damages are $100,000, you receive $75,000.

What if the defendant claims I was more at fault than I actually was?

The defendant will make that argument, but a jury or judge will hear evidence from both sides and decide the actual percentage. Your attorney can present evidence — witnesses, photographs, expert testimony, police reports — to show what really happened and who failed to exercise reasonable care.

Does Bohren Law apply if the defendant intentionally hurt me?

No. Bohren Law applies to negligence cases. If a defendant intentionally caused your injury, you can recover full damages regardless of any fault on your part. Intentional misconduct is treated differently from carelessness or failure to exercise reasonable care.

What if there are multiple defendants and they share fault?

Each defendant's percentage of fault is determined separately. You can recover from any defendant who is found liable, and your recovery is reduced only by your own percentage of fault, not by the fault of other defendants. South Carolina law allows you to pursue all responsible parties.

How does Bohren Law affect my settlement offer?

Insurance companies calculate settlement offers based on their estimate of what a jury might award under Bohren Law. They may argue you are more at fault than you are to justify a lower offer. Understanding how the law works helps you evaluate whether an offer is reasonable and when to push back or go to trial.