A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-75-30 SO AS TO PERMIT PARENTAL AND FILIAL CONSORTIUM CLAIMS.
Summary
H3953 would add a new section to the South Carolina Code to recognize parental and filial consortium claims. In practical terms, the bill creates a cause of action for an unemancipated minor to seek damages when an intentional or tortious act interferes with the companionship, aid, society, and services of a parent. It also creates the reciprocal right for a parent or legal guardian to bring a claim for interference with the companionship, aid, society, and services of an unemancipated minor child.
The bill is structured to prevent double recovery by providing that these consortium claims may not include damages already recovered by the directly injured parent or child. It would take effect upon approval by the Governor and would expand South Carolina tort law by expressly authorizing these family-relationship damages claims, which are not currently stated in the bill text as existing rights under state law.
Impact
If enacted, H3953 would amend Title 15, Chapter 75 of the South Carolina Code by adding Section 15-75-30 and expanding the types of damages available in civil tort actions. It would give minors, parents, and legal guardians a statutory basis to sue for loss of companionship and related family services arising from intentional or tortious conduct, while limiting recovery to avoid duplicative damages. The bill would affect plaintiffs, defendants, insurers, and courts handling personal injury and wrongful conduct cases involving family relationships.
Sentiment
There is limited recorded legislative discussion or voting history available for this bill, so overall sentiment cannot be measured from committee debate or floor votes. Based on the bill’s caption and text, it appears to be a policy proposal aimed at expanding remedies for family members harmed by tortious conduct, with no documented opposition or support in the provided materials. The absence of recorded votes or transcripts suggests the bill’s reception in the legislature is not yet clear from the available context.
Contention
The main policy issue raised by the bill is whether South Carolina should recognize new statutory consortium claims for both children and parents/guardians. Supporters would likely view the measure as providing a remedy for real family losses caused by intentional or tortious acts, while critics may be concerned about expanded tort liability, increased litigation, and the potential for overlapping or duplicative damages. The bill’s anti-double-recovery language addresses one likely point of contention, but questions could still arise about the scope of recoverable damages and how courts should evaluate these family-relationship claims.