South Carolina H 3534: Contribution Among Tortfeasors

Bill Text

2025-2026 Bill 3534 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3534

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 
SECTIONS 15-38-15, 15-38-20, 15-38-40, AND 15-38-50, ALL RELATING TO THE SOUTH 
CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT, SO AS TO INCLUDE PERSONS OR 
ENTITIES FOR THE PURPOSES OF ALLOCATION OF FAULT, AND TO MAKE CONFORMING 
CHANGES.

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

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

 Section 
15-38-15. (A) In an action to 
recover damages resulting from personal injury, wrongful death, or damage to 
property or to recover damages for economic loss or for noneconomic loss such 
as mental distress, loss of enjoyment, pain, suffering, loss of reputation, or 
loss of companionship resulting from tortious conduct, if indivisible damages 
are determined to be proximately caused by more than one defendantperson or entity, joint and several liability does not 
apply to any defendant whose conduct is determined to be less than fifty 
percent of the total fault for the indivisible damages as compared with the 
total of: 

 (i)(1) the fault of all the defendantspersons or entities, 
including defendants and nonparties regardless of whether the person or entity 
was, or could have been named, as a party to the suit; and

 (ii)(2) the fault 
(comparative negligence), if any, of plaintiff. A defendant whose conduct is 
determined to be less than fifty percent of the total fault shall only be 
liable for that percentage of the indivisible damages determined by the jury or 
trier of fact.

 (B) 
Apportionment of percentages of fault among defendantsall persons or entities, including plaintiffs, defendants, and 
nonparties, who proximately caused the damages is to be determined as 
specified in subsection (C).

 (C) 
The jury, or the court if there is no jury, shall:

 (1) 
specify the amount of damages;

 (2) 
determine the percentage of fault, if any, of plaintiff and the amount of 
recoverable damages under applicable rules concerning "comparative negligence"; 
and

 (3) 
upon a motion by at least onea 
defendant, where there is a verdict under items (1) and (2) above for damages against twoone or more defendants for the same indivisible injury, 
death, or damage to property, specify in a separate verdict under the 
procedures described at subitem (b) below the percentage of liability thatallocated to each person or 
entity whose fault proximately caused the indivisible injury, death, 
damage to property, or economic loss from tortious conduct, as determined by 
item (1) above, that is attributable to each defendantsuch person or entity, 
including defendants and nonparties, whose actions are a proximate cause 
of the indivisible injury, death, or damage to property. In determining the 
percentage attributable to each defendantperson or entity, any fault of the plaintiff, as 
determined by item (2) above, will be included so 
that the total of the percentages of fault attributed to the plaintiff and to, the defendants, and any nonparty persons or entities must be one 
hundred percent. In calculating the percentage of fault 
attributable to each defendant, inclusion of any percentage of fault of the 
plaintiff (as determined in item (2) above) shall not reduce the amount of 
plaintiff's recoverable damages (as determined under item (2) above).

 (a) 
For this purpose, the court may determine that two or more persons or entities are to be treated as a single party. Such 
treatment must be used where two or more defendants, 
person, or entities acted in concert or where, by reason of agency, 
employment, or other legal relationship, a defendant, 
person, or entity is vicariously responsible for the conduct of another 
defendant, person, or entity.

 (b) 
After the initial verdict awarding damages is entered and before the special 
verdict on percentages of liability is rendered, the parties shall be allowed 
oral argument, with the length of such argument subject to the discretion of 
the trial judge, on the determination of the percentage attributable to each 
defendant, person, or entity. However, no 
additional evidence shall be allowed.

 (c)(i) Allocation of fault to a nonparty 
shall be considered under item (3) if the plaintiff entered into a settlement 
agreement with the nonparty or if a defending party gives written notice no 
later than one hundred twenty days prior to the date of the trial that a 
nonparty was wholly or partially at fault for the plaintiff's injury.

 (ii) The written notice shall be made 
by filing the action, setting forth the nonparty or parties' names and last 
known address or addresses, or the best identification of a nonparty t