South Carolina H 3849: Tort Reform

Bill Text

2025-2026 Bill 3849 Text of Previous Version (Jan. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3849

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 15-38-15, RELATING TO THE 
APPORTIONMENT OF PERCENTAGES OF FAULT AND ALCOHOLIC BEVERAGE OR DRUG 
EXCEPTIONS, SO AS TO PROVIDE THAT A JURY OR THE COURT SHALL DETERMINE THE 
PERCENTAGE OF FAULT OF THE CLAIMANT, THE DEFENDANT, AND OF ANY NONPARTY WHOSE 
ACT OR OMISSION WAS A PROXIMATE CAUSE OF THE CLAIMANT'S ALLEGED DAMAGES; BY 
REPEALING SECTION 15-38-20 RELATING TO RIGHT OF CONTRIBUTION; BY REPEALING 
SECTION 15-38-30 RELATING TO FACTORS DETERMINING PRO RATA LIABILITY OF 
TORTFEASORS; BY REPEALING SECTION 15-38-40 RELATING TO ACTIONS FOR 
CONTRIBUTION; BY ADDING SECTION 15-3-710 SO AS TO DEFINE NECESSARY TERMS; BY 
ADDING SECTION 15-3-720 SO AS TO PROVIDE THAT AN INDIVIDUAL IS PROHIBITED FROM 
RECOVERING DAMAGES IF THE INDIVIDUAL KNOWINGLY RIDES AS A PASSENGER IN A 
VEHICLE OPERATED BY A DRIVER WHO IS VISIBLY INTOXICATED OR WHOM THE INDIVIDUAL 
KNEW OR SHOULD HAVE KNOWN WOULD BECOME INTOXICATED; BY ADDING SECTION 15-3-730 
SO AS TO PROVIDE THAT THE CLERK OF COURT SHALL FORWARD A COPY OF THE COMPLAINT 
AND JUDGMENT TO THE DEPARTMENT OF REVENUE UPON ENTERING JUDGMENT AGAINST A 
LICENSEE; BY AMENDING SECTION 61-4-580, RELATING TO PROHIBITED ACTS, SO AS TO 
PROVIDE FOR CIVIL LIABILITY; BY AMENDING SECTION 61-4-590, RELATING TO 
REVOCATION OR SUSPENSION OF PERMITS AND DEPARTMENT INVESTIGATIONS AND 
DETERMINATIONS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY REVOKE OR SUSPEND A 
PERMIT ON ITS OWN INITIATIVE UPON RECEIPT OF A COMPLAINT AND JUDGMENT; BY 
ADDING CHAPTER 3 TO TITLE 61 SO AS TO DEFINE NECESSARY TERMS; TO PROVIDE 
REQUIREMENTS FOR SERVER AND MANAGER TRAINING; TO PROVIDE FOR THE CREATION OF 
AND APPROVAL OF TRAINING PROGRAMS; TO PROVIDE FOR THE ISSUANCE OF ALCOHOL 
SERVER CERTIFICATES; TO PROVIDE FOR THE RENEWAL OF A PERMIT OR LICENSE; TO 
PROVIDE FOR THE ENFORCEMENT OF RELEVANT PROVISIONS; AND TO PROVIDE PENALTIES; 
BY AMENDING SECTION 61-2-60, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS 
TO PROVIDE FOR THE DEVELOPMENT, IMPLEMENTATION, EDUCATION, AND ENFORCEMENT OF RESPONSIBLE 
ALCOHOL SERVER TRAINING PROVISIONS; BY AMENDING SECTION 61-6-2220, RELATING TO 
SALES TO INTOXICATED PERSONS, SO AS TO PROVIDE THAT A PERSON OR ESTABLISHMENT 
LICENSED TO SELL ALCOHOLIC LIQUORS OR LIQUOR BY THE DRINK PURSUANT TO THIS 
ARTICLE MAY NOT KNOWINGLY PROVIDE THESE BEVERAGES TO AN INTOXICATED PERSON; BY 
AMENDING SECTION 38-90-20, RELATING TO LICENSING, REQUIRED INFORMATION AND 
DOCUMENTATION, FEES, AND RENEWAL, SO AS TO INCLUDE LIQUOR LIABILITY INSURANCE; 
BY AMENDING SECTION 61-2-145, RELATING TO THE REQUIREMENT OF LIABILITY 
INSURANCE COVERAGE, SO AS TO PROVIDE LIMITS; BY AMENDING SECTION 61-2-145, 
RELATING TO THE REQUIREMENT OF LIABILITY INSURANCE COVERAGE, SO AS TO PROVIDE 
THAT AN INSURER SHALL NOTIFY THE DEPARTMENT IF A PERSON LICENSED TO SELL 
ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION EXCEEDS ITS AGGREGATE LIMIT 
PRIOR TO THE EXPIRATION OF THE POLICY; BY AMENDING SECTION 15-3-670, RELATING 
TO CIRCUMSTANCES IN WHICH LIMITATIONS PROVIDED BY SECTIONS 15-3-640 THROUGH 
15-3-660 ARE NOT AVAILABLE AS A DEFENSE, SO AS TO PROVIDE THAT A VIOLATION IS 
CONSIDERED MATERIAL ONLY IF IT EXISTS WITHIN A COMPLETED BUILDING, STRUCTURE, 
OR FACILITY WHICH HAS RESULTED IN PHYSICAL HARM TO A PERSON OR SIGNIFICANT 
DAMAGE TO THE PERFORMANCE OF A BUILDING OR ITS SYSTEMS; BY AMENDING SECTION 
56-5-6540, RELATING TO PENALTIES, SO AS TO PROVIDE THAT A VIOLATION IS 
ADMISSIBLE AS EVIDENCE OF COMPARATIVE NEGLIGENCE; BY ADDING SECTION 15-7-65 SO 
AS TO PROVIDE THAT A CIVIL ACTION TRIED AGAINST AN UNKNOWN DEFENDANT MUST BE 
TRIED IN THE COUNTY WHERE THE CAUSE OF ACTION AROSE; BY AMENDING SECTION 
38-77-150, RELATING TO UNINSURED MOTORIST PROVISIONS, SO AS TO PROVIDE THAT THE 
UNINSURED MOTORIST PROVISION IS NOT REQUIRED TO INCLUDE COVERAGE FOR PUNITIVE 
OR EXEMPLARY DAMAGES; BY AMENDING SECTION 38-77-160, RELATING TO ADDITIONAL 
UNINSURED MOTORIST COVERAGE, SO AS TO PROVIDE THAT AUTOMOBILE INSURANCE 
CARRIERS ARE NOT REQUIRED TO INCLUDE COVERAGE FOR PUNITIVE OR EXEMPLARY DAMAGES 
IN THE MANDATORY OFFER OF UNDERINSURED MOTORISTS COVERAGE; BY AMENDING SECTION 
15-78-30, RELATING TO DEFINITIONS, SO AS TO DEFINE "OCCURRENCE"; BY AMENDING 
SECTION 15-32-220, RELATING TO NONECONOMIC DAMAGE LIMITS AND EXCEPTIONS, SO AS 
TO PROVIDE GUIDELINES FOR INTENT TO HARM, FELONY CONVICTIONS, AND INFLUENCE OF 
ALCOHOL AND OTHER DRUGS; AND BY ADDING SECTION 38-59-23 SO AS TO PROVIDE FOR 
ACTIONS FOR BAD FAITH INVOLVING A LIABILITY.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 
1.A. Section 15-38-15 of the S.C. Code is amended 
to read: