South Carolina Senate Doubles Down on Tort Reform

The South Carolina Senate has been working tirelessly toward a controversial tort reform bill that would end joint and several liability, put non-parties on the verdict form, alter the state’s requirements for uninsured motorist coverage and leave property owners holding the bag when contractors violate building codes. After numerous hearings and much negotiation, the Senate passed an amended bill in late March and sent it to the House.

The bill was introduced and read in the House and assigned to the Judiciary Committee. But with the end of the current legislative session quickly approaching on May 8, it seemed unlikely that the bill would see a vote this session. 

The House Has Passed a Separate Liquor Liability Bill

While the South Carolina Senate has been fine-tuning its tort reform bill, which includes extensive changes to state liquor liability law, the House has been working on its own liquor liability legislation. The bill the House passed is much more narrowly focused, and was sent to the Senate for consideration in early March. The more limited House bill received a favorable report from the Senate Judiciary Committee, then languished for more than a month. 

In mid-April, the Senate amended the bill and sent it back to the House. That’s normal procedure, but in this case, the Senate amendment radically increased the scope of the bill, essentially duplicating the additional provisions in SB 244. 

What is the Status of South Carolina Tort Reform Now? 

Since the House bill was returned to the House with amendments, it’s back in committee. The Senate bill is also in committee in the Senate. With just 10 days remaining in the legislative session, it’s unlikely the House will vote. However, if the House did opt to accept the Senate’s version of either bill, it could be very costly for South Carolinians–local businesses, injured people, and even homeowners. With the pressure on to make changes to liquor liability law and no more targeted bill currently on the table, it’s unclear which direction the House will take.

Please take a moment to call or email your representative and tell them you don’t want them to boost insurance company profits at your expense, or the expense of others in your community.

What if Tort Reform Doesn’t Pass by May 8? 

Because 2025 is the first year of a two-year session, pending bills won’t automatically die when the legislature adjourns on May 8. They can be carried over to 2026. That leaves the future of South Carolina tort reform wide open. The House could squeeze in a vote on one or both bills, either killing them off or sending one on to the governor for signature. They could leave the issue pending and continue debate or propose further amendments in 2026. If either bill is amended by the House, it will have to return to the Senate. 

The bottom line is that South Carolina businesses and residents are not out of the woods on tort reform. It’s important to keep the pressure on legislators to block these efforts to enrich insurance companies at our expense.