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Bill > S0133


SC S0133

SC S0133
Tort Reform


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 61-2-140, Relating To Suspension Or Revocation Of Licenses And Permits For The Sale Of Alcoholic Liquors, Beer, And Wine, So As To A Person Licensed Or Permitted Under The Provisions Of This Title Who Maintains A Liquor Liability Insurance Policy Or A General Liability Insurance Policy With A Liquor Liability Endorsement Pursuant To Section 61-2-145 Must Surrender His License Upon The Third Occurrence During Any One Calendar Year Of An Event Or Series Of Events That Activates Coverage For The Insured; By Amending Section 61-2-145, Relating To Liquor Liability Insurance Coverage Required For On-premises Consumption, So As To Reduce The Requirement From One Million Dollars To Two Hundred Fifty Thousand Dollars; By Amending Section 15-3-530, Relating To A Three Year Time Period For The Commencement Of Actions Other Than For The Recovery Of Real Property Shall Be As Prescribed In The Following Sections So As To Add Any Action On A Policy Of Insurance Required Pursuant To Section 61-2-145; By Adding Section 15-38-12 So As To Provide A Necessary Definition; By Amending Section 15-38-15, Relating To Joint And Several Liability, So As To Provide A Plaintiff That Is Fifty Percent Or Greater At Fault For The Incident Resulting In The Damages For Which He Is Seeking Recovery, Then The Jury Shall Return A Verdict For The Defendant, And If The Plaintiff Is Not Fifty Percent Or More At Fault Then The Defendants Are Liable For Damages In Direct Proportion To Their Percentage Of Fault; And By Amending Section 15-33-135, Relating To Punitive Damages, So As To Prohibit Punitive Damages On Any Action On A Policy Of Insurance Required Pursuant To Section 61-2-145.

AI Summary

This bill proposes several changes to South Carolina's laws related to tort reform and alcohol licensing. The key provisions include reducing the required liquor liability insurance coverage for businesses selling alcohol from $1 million to $250,000, mandating that a business must surrender its alcohol license after three incidents that activate insurance coverage in a calendar year, and modifying rules around liability and damages in civil lawsuits. Specifically, the bill changes how fault is determined in legal cases, stipulating that if a plaintiff is found to be 50% or more at fault, the defendant will win the case, and if the plaintiff is less than 50% at fault, damages will be proportionally allocated based on each party's percentage of fault. The bill also adds a definition of "person" for legal purposes and prohibits punitive damages in actions related to the required insurance policies for alcohol-selling establishments. These changes aim to reduce legal and insurance burdens on businesses while providing a more structured approach to determining liability in civil cases. The bill will take effect upon the Governor's approval.

Committee Categories

Justice

Sponsors (1)

Last Action

Scrivener's error corrected (on 01/17/2025)

bill text


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