South Carolina H 5636: Contribution Among Tortfeasors, asbestos

Bill Text

2025-2026 Bill 5636 Text of Previous Version (Apr. 30, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5636

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 LIABILITY OF TORTFEASORS, SO AS TO REMOVE THE 
PROVISION THAT EXCLUDED CAUSES OF ACTION INVOLVING ASBESTOS FROM THE LIST OF 
NONDEFENDANT TORTFEASORS WHO SHALL NOT BE ADDED TO VERDICT FORMS.

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

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

 (H) A nondefendant tortfeasor shall not 
be added to the verdict form if:

 (1) 
the nondefendant tortfeasor is immune from liability or prohibited from suit 
under statute or common law or otherwise not subject to suit in this action, 
not including settled or released tortfeasors who were or could have been 
parties in the civil action;

 (2) 
the nondefendant tortfeasor's conduct is wilful, wanton, reckless, or 
intentional;

 (3) 
the defendant's liability is imputed to or based upon fault of the tortfeasor;

 (4) 
the causes of action involve strict liability; or

 (5) the causes of action involve 
asbestos; or

 (6)(5) an action is commenced by the State, a state agency, 
municipality, county, local government, regional public authority, special 
purpose district, public utility, or any other governmental entity or political 
subdivision including, but not limited to, claims seeking recovery of public 
funds, remediation costs, or other damages arising from acts or omissions of 
third parties that result in harm to public health, safety, infrastructure, or 
the environment, other than claims involving per- and polyfluoroalkyl 
substances.

SECTION 2. This act takes effect upon approval 
by the Governor.

----XX----

This web page was last updated on April 30, 2026 at 12:55 PM