South Carolina’s tort reform legislation would make the legal system work for all | Opinion
Tort reform is a hot topic in South Carolina as Gov. Henry McMaster and forward-thinking legislators take on abuses of a legal system that hurts victims, punishes employers and steals from consumers. Senate Bill S. 244 is being offered as a way to make sure the South Carolina legal system works for everyone — not just trial lawyers with dollar signs in their pupils.
Most Americans agree our country’s tort law is in need of serious reform. At $429 billion, our nation has the most expensive tort system in the world. The costs of this behemoth are driven by aggressive personal injury lawyers and their Wall Street financial backers, who target particular industries, professions and businesses with litigation designed to produce lucrative court awards or settlements. They recruit huge numbers of clients — with both real and bogus claims — and then bundle them into mass tort litigations that consume the resources of courts and defendants alike.
Lawsuit reform has been debated in the South Carolina General Assembly for years. This new bill would help South Carolina’s economy and legal system flourish by establishing policies necessary to ensure fairness, accountability and financial sanity.
Although the legislation touches on a variety of reforms in industries including hospitality, insurance and transportation, the reforms it proposes for the tort system are by far the most beneficial to the lives of South Carolinians. The bill introduces a number of changes to the South Carolina Code of Laws, primarily those addressing civil liability, alcohol-related liability, insurance regulations and legal procedures.
A marquee reform concerns altering responsibilities for fault. Current law allows for one party in a tort suit to be 100% responsible for damages, even if it’s acknowledged that they didn’t cause 100% of the harm. Under this bill, defendants would only be responsible for their rightful percentage of fault, preventing them from paying for damages beyond their share.
Specifically, it ensures courts assign fault equitably, including to nonparties, to stop lawsuits incentivized by dollar signs instead of justice. South Carolina law currently makes it possible for rent-seeking attorneys to chase after the deepest pockets to secure client restitution — after taking out hefty fees for themselves. The new legislation would establish a system in which every co-defendant would be assigned a proportionate share of fault for an injury, and would not be held liable if found to be less than 50% responsible.
This bill isn’t about protecting big corporations — it’s about stopping lawsuit abuse with a more just and fair legal system that doesn’t force consumers to pay the tab on multimillion dollar awards or settlements. Frivolous lawsuits drive up costs for everyone. In South Carolina the financial burden of the state’s tort system added a staggering $3,734 per household in 2022, or roughly 2.5% of the state GDP.
By refining damage caps and clarifying liability rules, this bill protects South Carolina businesses and consumers from a hidden and unavoidable tax. It is the most comprehensive lawsuit reform effort in years, backed by key leaders and businesses across South Carolina.
Sponsored by Senate Majority Leader Shane Massey, R-Edgefield, and Senate President Thomas Alexander, R-Walhalla, the bill has received praise from South Carolina Attorney General Alan Wilson, the South Carolina Freedom Caucus, and the state Chamber of Commerce. Gov. Henry McMaster named tort reform as a top policy priority in his 2025 State of the State address.
Passing this legislation would show South Carolinians that the governor and their General Assembly are united to make good on their promise of a more fair and less costly legal system.
This story was originally published March 10, 2025 at 6:00 AM with the headline "South Carolina’s tort reform legislation would make the legal system work for all | Opinion."