COLUMBIA, S.C. (AP) — The upcoming legislative session in South Carolina for 2025 is already off to a contentious start as a proposed overhaul of the legal system is causing a deep divide among Republicans and Democrats, as well as various stakeholders including attorneys, businesses, and insurers. The focus is on changing how the state handles certain civil lawsuits, with a bill currently in progress making its way to the Senate floor this week.
The bill, which is still a work in progress according to its supporters, has sparked intense debates and social media campaigns from both sides of the issue. Notably, even national figures such as Donald Trump Jr. have weighed in on the matter. With the Republican party dominating the state, leaders anticipate that the debate could span over two weeks, with uncertainty looming over the eventual outcome.
At the heart of the proposal are several issues pertaining to the state’s legal system, with a key component being the allocation of responsibilities in lawsuits. Under current South Carolina law, anyone found liable for a death, injury, or other harm, regardless of the extent of their involvement, can be compelled to pay a significant portion of a settlement or award if other parties are unable to fulfill their obligations.
Businesses, particularly bars and restaurants, have raised concerns over skyrocketing insurance rates due to the possibility of bearing significant financial burdens if, for instance, they unknowingly serve alcohol to a patron who later causes an accident while driving under the influence. On the opposing side are lawyers who argue that such a system could potentially deprive individuals in need of long-term care from receiving just compensation, while insurers could exploit the proposed changes to minimize payouts to those most in need.
This contentious dynamic is mirrored across various industries, further complicated by South Carolina’s law permitting lawsuits to be filed anywhere in the state where a company operates, as opposed to being limited to the county where an incident occurred. This provision allows attorneys the strategic advantage of selecting jurisdictions where juries may be more sympathetic to their clients’ cases.
Republican Senator Michael Johnson of Tega Cay highlighted the complexity of the legislation during a recent Senate Judiciary Committee meeting, acknowledging the need for further revisions while urging colleagues to carefully review the bill before reconvening for discussions on the Senate floor. Despite the potential passage of the bill in the Senate, it is anticipated that significant opposition will be encountered in the South Carolina House, signaling another challenging phase in the ongoing legal system overhaul.
