The bill H. 3849 seeks to amend the South Carolina Code of Laws to enhance tort reform, particularly in personal injury cases and the regulation of alcohol service. It introduces provisions for juries or courts to determine the percentage of fault among claimants, defendants, and nonparties, while repealing existing sections related to the right of contribution and pro rata liability among tortfeasors. Notably, the bill prohibits individuals from recovering damages if they knowingly rode as passengers in vehicles operated by visibly intoxicated drivers and requires the clerk of court to forward judgments against alcohol licensees to the Department of Revenue for investigation.

Additionally, the bill establishes a new chapter on Alcohol Server Training, mandating that alcohol servers and managers complete training and obtain certification. It outlines the responsibilities of alcohol servers, including the requirement to not be impaired while serving alcohol and to maintain their certification on the premises. The bill also sets forth penalties for noncompliance, including potential suspension or revocation of licenses for repeated violations. Furthermore, it amends existing laws regarding bad faith claims in insurance, clarifying conditions under which insurers cannot be held liable for bad faith and establishing a duty for insured parties to act in good faith when dealing with claims. Overall, H. 3849 aims to improve accountability in tort cases and enhance the training and regulation of alcohol service in South Carolina.

Statutes affected:
01/30/2025: 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, 61-2-60, 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, 61-2-60, 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