South Carolina Governor Rallies Support for Key Legal Reform Package

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Following Press Conference, S.B. 244 Set for Senate Floor Debate and Vote


Following Gov. Henry McMaster’s press conference today, momentum continues to build for Senate Bill 244, a comprehensive legal reform package aimed at addressing critical issues in South Carolina’s civil justice system. The bill is poised for debate and a vote on the Senate floor this week.

“All of our laws should keep the doors wide open for our future economic prosperity,” Gov. McMaster said during today’s press conference. “The rules on joint and several liability have introduced an element of uncertainty in our state, and uncertainty is the enemy of prosperity. We must eliminate that uncertainty.”

S.B. 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.

“We applaud Gov. McMaster for spotlighting lawsuit abuse in his state and for his leadership in championing important reforms,” Tiger Joyce, president of the American Tort Reform Association said. “These changes would create a more fair and balanced legal system for all South Carolinians and we urge the Senate to swiftly pass S.B. 244.”

South Carolina is currently ranked as the third-worst “Judicial Hellhole®” in the country, largely due to issues stemming from problematic asbestos lawsuits. The excessive costs associated with the state’s legal system result in an $886 annual “tort tax” paid by every South Carolinian, or $3,544 for a household of four. This is roughly a 33% increase over the course of just three years. These costs also contribute to a loss of 40,779 jobs across the state each year.

“We are here to fix a problem that hurts our citizens and the very foundation of our economic opportunity in our state,” Senate President Thomas Alexander said today. “It is about ensuring that our legal system works as intended, not as a weapon, but as a tool for justice.”

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, 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.

“Our civil justice system is broken,” Sen. Shane Massey said. “If we address that, the people of South Carolina will flourish even more than before, and we will stay competitive with our neighbors.”

The American Tort Reform Association encourages South Carolina residents to contact their state senators and voice their support for S.B. 244.

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