S0244 is a broad tort reform and alcohol-liability bill that makes major changes to South Carolina civil liability law. It revises comparative fault rules so a jury or court must assign fault to the claimant, defendants, and certain nonparties, and it limits joint and several liability in many cases. The bill also repeals the existing contribution statutes and replaces them with a new framework tied to the revised fault-allocation system. In addition, it creates a new dram shop cause of action and a separate alcohol-server training regime, while also changing several insurance, damages, venue, and governmental-liability provisions.
A major portion of the bill focuses on alcohol service and liability. It creates a civil cause of action against alcohol licensees who knowingly serve visibly intoxicated persons when that service proximately causes injury, death, or property damage to third parties, and it bars recovery in certain situations involving passengers who knowingly ride with an intoxicated driver or property entrusted to an intoxicated person. It also requires alcohol server and manager training, certification, recordkeeping, and enforcement by the Department of Revenue and SLED, and it authorizes penalties for violations. The bill further requires higher liquor liability insurance coverage for on-premises alcohol sellers, adds reporting requirements for the insurance market, and requires digital ID verification for late-night alcohol sales.
The bill also changes several insurance and damages rules. It removes the requirement that uninsured and underinsured motorist coverage include punitive or exemplary damages, raises minimum automobile liability insurance limits, and increases liquor liability insurance minimums for many establishments. It modifies noneconomic-damages exceptions for health care defendants, changes the statute of repose for construction-related claims from eight to ten years, and repeals a provision governing material violations in construction defect cases. It also adjusts the definition of “occurrence” for governmental liability claims and raises the damages caps applicable to claims against governmental entities.
Overall, the Senate’s vote history suggests the bill has substantial support but also significant opposition on specific amendments. The bill advanced on second reading by a 35-7 vote, and earlier procedural votes show a mix of support and resistance, including a failed motion to table Amendment 1a and narrower votes on other amendments. The pattern indicates the chamber was willing to move the bill forward, but members disagreed over details of the tort-reform package, especially the scope of liability changes and related amendments.
The main points of contention appear to be the bill’s sweeping liability changes and its alcohol-related provisions. Supporters likely view it as a comprehensive effort to clarify fault allocation, limit exposure for defendants, strengthen alcohol-server responsibility, and address liquor-liability insurance availability. Opponents are likely concerned that it narrows recovery for injured plaintiffs, shifts more risk to claimants, and changes long-standing tort and insurance rules in ways that could reduce accountability for businesses and other defendants. The alcohol-service provisions, insurance mandates, and changes to punitive-damage coverage are the most likely areas of dispute.
The bill would substantially revise South Carolina tort law by changing how fault is allocated among parties and nonparties, limiting joint and several liability in many cases, and repealing the current contribution statutes. It would also create new statutory dram shop liability, impose alcohol-server training and certification requirements, increase liquor liability insurance requirements, and alter automobile insurance, governmental-liability, construction-defect, and noneconomic-damages provisions. These changes would affect plaintiffs, defendants, insurers, alcohol retailers and restaurants, local governments, health care defendants, and construction-related litigants.
The Senate’s voting record indicates generally favorable sentiment toward the bill as a whole, with strong majorities on special-order and second-reading votes. At the same time, several amendment votes were closer and one motion to table an amendment failed, showing that members had meaningful disagreements over the bill’s details. The overall tone appears supportive of tort reform, but with notable division over how far the liability and insurance changes should go.
The most contentious issues are the bill’s broad tort-reform provisions, especially the reduction of joint and several liability, the treatment of nonparties on verdict forms, and the repeal of contribution rights. Another major area of disagreement is the new alcohol-liability framework, including dram shop liability, mandatory server training, and higher liquor-liability insurance requirements for on-premises alcohol sellers. Insurance-related changes, such as removing punitive damages from mandatory UM/UIM coverage and raising auto-liability minimums, are also likely to draw opposition from consumer advocates and some insurers or business interests depending on the provision.