The bill H. 3534 seeks 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. The amendments aim to clarify the allocation of fault among all persons or entities involved in tortious conduct, including defendants and nonparties. Notably, the bill introduces provisions that allow for the apportionment of fault to nonparties if a settlement agreement exists or if a defending party provides written notice of a nonparty's fault prior to trial. Additionally, it specifies that a defendant whose conduct is less than fifty percent of the total fault will only be liable for their percentage of the damages.

The bill also includes changes to the enforcement of contribution rights among tortfeasors, stating that contribution can be sought after the determination of liability and damages. Furthermore, it clarifies that a release or covenant not to sue given to one tortfeasor does not discharge the others from liability unless explicitly stated, while also discharging the released tortfeasor from contribution claims against other tortfeasors. The act will take effect upon the Governor's approval, ensuring that any pending actions or rights under the previous law remain unaffected.

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