S0738 would add a new section to the South Carolina Code creating a liability shield for a motor vehicle operator who unintentionally injures or kills someone while fleeing a mob or riot. The protection applies only if the driver reasonably believed fleeing was necessary to avoid serious injury or death and exercised due care under the circumstances. If those conditions are met, the driver would not be criminally or civilly liable for the resulting injury or death.
The bill also creates an express civil cause of action for victims who are injured while fleeing a mob or riot, or for the estates of those who die in that context, allowing claims for actual and punitive damages against individual rioters and against organizations that participated in or financed the event, so long as they were the proximate cause of the injury or death. The bill would take effect upon gubernatorial approval.
Impact
The bill would amend Title 16, Chapter 5 of the South Carolina Code by adding Section 16-5-135, establishing a specific defense against both criminal and civil liability for certain accidental injuries or deaths caused by drivers escaping a mob or riot. It would also expand potential civil remedies by authorizing lawsuits against rioters and related organizations for damages tied to injuries or deaths caused by the riot. The measure primarily affects motor vehicle operators, riot participants, and organizations alleged to have supported or financed riot activity, while also potentially influencing tort and criminal liability standards in emergency flight situations.
Sentiment
No committee transcripts or recorded votes were provided, so there is no documented legislative debate or vote history to gauge formal support or opposition. Based on the bill text alone, the measure appears to be framed as a public-safety and accountability bill, emphasizing protection for individuals forced to flee violent crowds while also imposing liability on those who create or support the riot. The caption and structure suggest a policy goal of shielding innocent drivers and strengthening remedies against rioters.
Contention
The main point of contention is likely the scope of immunity for drivers and the breadth of liability imposed on rioters and organizations. Supporters would likely favor the due-care limitation and the requirement of a reasonable belief that fleeing was necessary, while critics may question how those standards would be applied in practice and whether the bill could be used too broadly in disputed circumstances. Another likely issue is the provision allowing suits against organizations that “participated in or financed” the event, which could raise concerns about overreach, proof of causation, and First Amendment or associational implications depending on how it is interpreted.