Tort Reform in South Carolina: Legislative Actions and Key Issues to Watch in 2025
The 2025 South Carolina Legislative Session could see continued discussion on Tort Reform. The Institute of Legal Reform ranks South Carolina’s lawsuit climate 37th in the nation. Tort costs across the state equate to 2.5% of the state’s GDP and $3,181 per household.
Tort laws govern how the injured parties are compensated in civil courts. Reform advocates in South Carolina argue that the major issues with the state’s tort laws are joint and several liability. Advocates say that by preventing juries from considering all parties responsible for damages in a lawsuit, the current law can leave a defendant responsible for all damages regardless of their true percentage of fault.
The 2024 legislative session included numerous hearings involving liquor liability insurance as venue owners shuttered their doors, unable to survive hefty lawsuits, which led to increased premiums and a lack of insurance coverage.
Reformers, which include multiple members of the GOP, are calling for South Carolina to base fault on a fair share of liability, not the deepest pockets.
Maynard Nexsen is monitoring Senate bills S.0244, introduced by Senate Majority Leader Shane Massey and S.0133, introduced by Senator Kimbrell. Both bills have been referred to the Senate Judiciary Committee.
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