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SC H3534

Bill

Status

Introduced

1/14/2025

Primary Sponsor

Marvin Smith

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • Amends the South Carolina Contribution Among Tortfeasors Act to expand fault allocation beyond named defendants to include all "persons or entities," including nonparties who may have contributed to the injury

  • Eliminates joint and several liability for defendants whose fault is less than 50% of total fault, making them liable only for their proportionate share of damages

  • Requires defendants to provide written notice at least 120 days before trial if seeking to allocate fault to a nonparty, including the nonparty's name, address, and basis for believing they were at fault

  • Removes the exception that previously applied joint and several liability to defendants found to have acted willfully, wantonly, recklessly, with gross negligence, or intentionally, or involving alcohol/drug use

  • Allows settlement amounts to reduce a plaintiff's recovery by the greater of the settlement amount or the percentage of fault attributed to the settling party

Legislative Description

Contribution Among Tortfeasors

Last Action

Member(s) request name added as sponsor: Kilmartin, White

1/16/2025

Committee Referrals

Judiciary12/5/2024

Full Bill Text

No bill text available