Legislation Addresses Unfair Fault Allocation, Provides Juries with More Relevant Information
South Carolina lawmakers are seeking to address their “Judicial Hellhole®” status this year through a robust tort reform package.
New data shows that excessive tort costs in South Carolina result in a “tort tax” paid by every South Carolinian to the tune of $886 each year, or $3,544 for a household of four. This is roughly a 33% increase over the course of just three years. This excessive litigation further leads to a loss of 40,779 across the state each year.
Senate Bill 244 would adjust how fault is determined in civil lawsuits. Currently, if multiple parties are named in a lawsuit and some of those parties settle outside of court, the remaining party can be held responsible to pay 100% of any monetary damages awarded in trial, even if they were only 1% responsible.
The bill also would empower juries with more relevant information during trials, including whether seat belts were worn in cases involving automobile crashes.
“These changes would create a more fair and balanced legal system for all South Carolinians,” American Tort Reform Association president Tiger Joyce said. “We’re encouraged to see lawmakers recognize the need for reforms and urge the Senate to prioritize this commonsense bill.”
South Carolina is ranked the third-worst Judicial Hellhole® in the country, largely due to problematic asbestos lawsuits, many of which name multiple defendants.
S.B. 244 is sponsored by Sens. Massey, Alexander, Rice, Turner, Climer, Williams, Bennett, Cromer, Grooms, Blackmon and Chaplin. A companion bill in the House, House Bill 3849, also is gaining support. House sponsors include Reps. M.M. Smith, Hager, Oremus, Kirby, Teeple, Bailey, Gilliam, Herbkersman, Davis, Hartnett, Holman, Cobb-Hunter, Hewitt, Taylor, Wooten, Chapman, Lawson, Guffey, Pedalino, Erickson, Reese, Willis, Vaughan, Landing, Bustos, B.L. Cox, Forrest, Gagnon, Haddon, Hiott, J.L. Johnson, Neese, Hardee, Kilmartin and Terribile.
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