The bill H. 3534 aims to amend the South Carolina Contribution Among Tortfeasors Act by revising several sections of the South Carolina Code of Laws, specifically Sections 15-38-15, 15-38-20, 15-38-40, and 15-38-50. Key changes include the inclusion of "persons or entities" in the context of allocating fault among defendants, which broadens the scope of liability beyond just named parties in a lawsuit. The bill also clarifies that joint and several liability does not apply to defendants whose fault is determined to be less than fifty percent of the total fault for indivisible damages. Additionally, it establishes procedures for the jury or court to specify the percentage of fault attributable to each party involved in a case, including nonparties, while ensuring that the plaintiff's recoverable damages are not reduced by the inclusion of their own fault.

Further amendments include provisions for the enforcement of contribution among tortfeasors, the treatment of releases or covenants not to sue, and the stipulation that the act does not affect pending actions or liabilities under previously existing laws. The bill emphasizes that a defendant retains the right to assert that another potential tortfeasor contributed to the alleged injury, regardless of whether they are a party to the action. The act will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 15-38-15
Latest Version: 15-38-15