South Carolina’s governor has signed a liquor liability and tort-
reform bill into law, but some lawmakers said broader changes to the state’s legal system are needed.
Senate Majority Leader Shane Massey, who helped push thro
ugh a compromise dram shop bill this month, called the bill signing
a small step that should lead to more tort reform measures next year, local news sites reported.
Gov. Henry McMaster said at a celebration Wednesday that the
law he signed was hard-won in a state where drunk-driving acciden
ts have been problema
tic, but numerous bars and restaurants have closed due to high liquor liability insurance requirements.
South Carolina Gov. Henry McMasters (AP Photo/Meg Kinnard)
“Getting to this day was not easy. At times, disagreements and obstacles seemed impossible to overcome, rhetor
ic was sharp, emotions ran hot, and tempers flared,” McMaster said in a statement. “But with a spirit and determ
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this Capitol, our legislative leaders persevered.”
House Bill 3430, now law, allows defendants in civil cases to have nonparty-tortfeasors –individuals or entit
ies not named in the lawsuit – included on the verdict form for t
e jury to consider when assigning fault. If the jury finds that a nonparty’s conduct contributed to the plaintiff’s injury, tha
nonparty may be apportioned a percentage of fault, reducing the liability of the defendant, the governor’s statement explained.
For incidents involving DUIs, a business cannot be held liable for more than 50% of the plaintiff’s damages, as opposed to 100% under the previous law, he noted.
The law also allows establishments to lower their liquor liability coverage by requiring only an aggregate limit of $1 million, and if the bars and restaurants stop selling booze at midnight, provide training to servers, and other measures. Read more about the law here.