In a system that is meant to uphold fairness and equity, a disturbing scenario has emerged in South Carolina.

Our current civil justice system allows someone who is 1% liable to be responsible for 100% of damages. It puts the burden on the backs of those with the perceived deepest pockets without regard to their percentage of fault.

The South Carolina Coalition for Lawsuit Reform has done a great job shedding light on the inequities within our current civil justice system. The Chamber believes the SC Justice Act (S. 533) is our opportunity to tackle these issues head on by addressing the root causes of high insurance costs, frivolous lawsuits and runaway verdicts. The bill does not seek to protect bad actors; only to hold people accountable for the extent of their actions.

Bills similar to the South Carolina Justice Act have been filed for several years, but specifically since 2017, when the Supreme Court of South Carolina decided Smith v. Tiffany. This case highlighted the problems within the current law and the inequitable outcomes that have resulted from it. The Supreme Court of South Carolina specifically asked the legislature to correct the ambiguity in the current law after this case and they have yet to do so. That was seven years ago.

The bill will need to pass out of the Senate early in the 2024 legislative session to have time to make it through the House and to the Governor’s desk. Over half of Senate members support this reform, but they need to hear from you. Please let your Senator know we need to pass S. 533.

Businesses cannot afford to wait any longer for relief.

If you have questions or would like additional information, please contact me at bvincett@charlestonchamber.org.

Thank you for your support on this important legislative priority!

Have a great weekend!