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SC H3849

Bill

Status

Introduced

1/30/2025

Primary Sponsor

Marvin Smith

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • Eliminates joint and several liability for defendants, replacing it with proportionate liability where each defendant pays only their percentage of fault as determined by the jury, including consideration of non-party fault

  • Establishes civil liability for alcohol licensees who knowingly sell to visibly intoxicated persons or those they should have known would become intoxicated, with damages recoverable by injured third parties

  • Requires mandatory alcohol server training and certification for all servers and managers at establishments selling alcohol for on-premises consumption, with certificates valid for five years and a maximum $50 training fee

  • Increases liquor liability insurance requirements to at least $1 million per occurrence and requires insurers to notify the Department of Revenue if a licensee exceeds aggregate policy limits

  • Creates safe harbor provisions for insurers in bad faith claims, allowing 90 days to tender policy limits after receiving sufficient evidence of liability, and specifies that negligence alone or an excess verdict is insufficient to prove bad faith

Legislative Description

Tort Reform

Last Action

Member(s) request name added as sponsor: Schuessler

3/10/2025

Committee Referrals

Judiciary1/30/2025

Full Bill Text

No bill text available