Bill S. 244 seeks to amend the South Carolina Code of Laws concerning tort reform and alcohol liability. It introduces significant changes to Section 15-38-15, requiring juries or courts to assess the percentage of fault among claimants, defendants, and nonparties in personal injury cases. The bill also repeals Sections 15-38-20, 15-38-30, and 15-38-40, which relate to the right of contribution and the factors determining pro rata liability of tortfeasors. Additionally, new provisions are added to define terms related to alcohol sales and establish civil liability for licensees who serve alcohol to visibly intoxicated individuals or minors.
Moreover, the bill mandates alcohol server training and certification, requiring that servers and managers complete training within 120 days of employment if they lack a current certificate. It specifies that servers must not be impaired while serving alcohol and that licensees must keep copies of server certificates on their premises. The legislation also outlines penalties for violations, including potential license suspension or revocation for repeat offenders, and establishes a five-year validity for alcohol server certificates. Furthermore, it amends existing laws regarding bad faith claims in insurance, clarifying conditions under which insurers cannot be held liable for bad faith and emphasizing the duty of all parties involved to act in good faith during claims processes.
Statutes affected: 01/16/2025: 15-38-15, 15-38-20, 15-38-30, 15-38-40, 15-3-710, 15-3-720, 15-3-730, 61-4-580, 61-4-590, 61-3-100, 61-3-110, 61-3-120, 61-3-130, 61-3-140, 61-3-150, 61-3-160, 61-2-60, 61-6-2220, 38-90-20, 61-2-145, 15-3-670, 15-3-640, 56-5-6540, 15-7-65, 38-77-150, 38-77-160, 15-78-30, 15-32-220, 38-59-23
Latest Version: 15-38-15, 15-38-20, 15-38-30, 15-38-40, 15-3-710, 15-3-720, 15-3-730, 61-4-580, 61-4-590, 61-3-100, 61-3-110, 61-3-120, 61-3-130, 61-3-140, 61-3-150, 61-3-160, 61-2-60, 61-6-2220, 38-90-20, 61-2-145, 15-3-670, 15-3-640, 56-5-6540, 15-7-65, 38-77-150, 38-77-160, 15-78-30, 15-32-220, 38-59-23