The Tort Reform Debate in SC

Following weeks of debate in the South Carolina legislature, the Senate returned on March 18th and Senator Michael Johnson (York) presented a “compromise” amendment to S.244, the proposed  Tort Reform Bill. The amended sections largely deal with insurance liability rates for the hospitality and construction industries. While S.244 has still not fully passed, it seems to be getting closer.

The Tribulations of South Carolina’s Tort Reform Bill

The ongoing tort reform debate has faced several interruptions, and senators have worked long hours trying to push their agendas. A recap of the events leading up to what could be the home stretch is outlined below:

• After the March 5th news conference held by Governor Henry McMaster, South Carolina’s longstanding traditions regarding civil liability held strong. That day, the House unanimously voted in favor of a reformed liquor liability law, a bill similar to one the Senate refused to pass last year, but S. 244 did not proceed. 
• As the Senate entered its third day of debate on the larger tort reform bill, S.244, progress came to a full stop when a vote to table an amendment to the bill failed. The amendment was proposed by Senator Stephen Goldfinch, R-Georgetown. Senate Majority Leader and lead sponsor of S.244, Shane Massey, R-Edgefield, says Goldfinch’s proposal would effectively gut the upper chamber’s legislation.

So now what?

S.244 isn’t dead just yet—but it appears that Senator Massey’s version is.

The Impact of the Looming Tort Reform Bill

Comments made by those speaking in favor of South Carolina’s tort reform raised eyebrows and major concerns among the community, especially those tasked with protecting residents’ rights.

If the tort reform bill had passed, it would have shifted how fault is assigned and apportioned, reducing accountability for businesses facing product liability claims, dram shop law violations, and other legal penalties. Potentially letting defendants off the hook would leave individuals harmed without full means to recover. It would have also forced South Carolina’s residents to fight for insurance claim payouts and experience 10-month delays in recovery.

Residents should understand the dangers of Bill S.244 and speak up in opposition. The team at Bell Legal Group will continue following the debate on South Carolina tort reform and legislative progress closely.