SC Governor Celebrates Dram Shop-Tort Reform Law But Some Want More

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 through 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 accidents have been problematic, but numerous bars and restaurants have closed due to high liquor liability insurance requirements.

“Getting to this day was not easy. At times, disagreements and obstacles seemed impossible to overcome, rhetoric was sharp, emotions ran hot, and tempers flared,” McMaster said in a statement. “But with a spirit and determination as indomitable as has ever been seen in this Capitol, our legislative leaders persevered.”

House Bill 3430, now law, allows defendants in civil cases to have nonparty-tortfeasors –individuals or entities not named in the lawsuit – included on the verdict form for the jury to consider when assigning fault. If the jury finds that a nonparty’s conduct contributed to the plaintiff’s injury, that 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.

Topics South Carolina