Bill > H3534

This bill amends the South Carolina Contribution Among Tortfeasors Act to expand and clarify how fault is allocated in civil cases involving multiple parties responsible for personal injury, property damage, or wrongful death. The key provisions modify existing law to explicitly include persons or entities (beyond just defendants) in fault calculations, allowing juries or courts to specify percentages of liability for all parties involved, including those not directly named in the lawsuit. The bill maintains that defendants responsible for less than 50% of the total fault will only be liable for their specific percentage of damages, while preserving the right of defendants to assert that other potential tortfeasors (responsible parties) may have contributed to the injury or damages. The legislation also provides detailed procedures for how fault should be determined, including requirements for written notice about potential non-party fault, and specifies that allocating fault to non-parties does not make those parties legally liable in the current lawsuit. Importantly, the bill excludes defendants whose conduct is determined to be willful, wanton, reckless, grossly negligent, or involving alcohol or illegal drugs from these fault allocation protections. The amendments aim to create a more nuanced and fair approach to assigning responsibility in complex civil cases involving multiple potential sources of harm.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3534&session=126&summary=B