Generally enforceable

South Carolina Liability Waiver Requirements

This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in South Carolina for specific guidance.

Key points

South Carolina waiver law at a glance

South Carolina courts enforce liability waivers for recreational activities

Waivers must be clear, unambiguous, and specific

SC follows modified comparative negligence

Waivers cannot release from gross negligence or reckless conduct

Drafting

Drafting considerations for South Carolina

Be clear and specific about risks and activities

Use conspicuous formatting for release language

Ensure the signer had a meaningful choice

Include assumption of risk provisions

FAQ

Frequently asked

Are liability waivers enforceable in South Carolina?

Yes. South Carolina courts enforce clear, unambiguous liability waivers for recreational activities.

Can I use a digital waiver in South Carolina?

Yes. South Carolina adopted UETA and recognizes electronic signatures under the federal ESIGN Act.

What can't be waived in South Carolina?

Gross negligence, reckless conduct, and intentional harm cannot be waived.

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