The bill H. 3849 proposes significant amendments to the South Carolina Code of Laws, focusing on tort reform and the regulation of alcohol sales. It amends Section 15-38-15 to allow a jury or court to determine the percentage of fault among the claimant, defendant, and any nonparty in cases of alleged damages. The bill also repeals several sections related to the right of contribution and pro rata liability of tortfeasors. New provisions are introduced to define terms related to alcohol sales, establish civil liability for licensees serving alcohol to visibly intoxicated individuals or minors, and mandate alcohol server training and certification within a specified timeframe. Additionally, it enhances enforcement of responsible alcohol service, including penalties for violations and clarifying that individuals who knowingly ride with intoxicated drivers cannot recover damages from licensees.

Moreover, the bill amends Chapter 59, Title 38 to set conditions under which actions for bad faith involving liability, underinsured, or uninsured motorist claims are not actionable. It specifies that insurers who tender policy limits within certain timeframes cannot be held liable for bad faith and clarifies that mere negligence or exceeding policy limits does not constitute bad faith. The bill also imposes a duty on insured parties and their representatives to act in good faith regarding claims and addresses situations with competing claims from multiple third parties. It ensures that amendments do not affect pending actions and establishes that if any part of the act is deemed unconstitutional, the remaining sections will remain valid. The act will take effect upon approval by the Governor.

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