Bill H. 3849 seeks to amend various sections of the South Carolina Code of Laws concerning tort reform and alcohol liability. A significant change is the amendment of Section 15-38-15, which requires juries or courts to assess the percentage of fault among claimants, defendants, and nonparties in personal injury cases. Defendants found to be less than fifty percent at fault will only be liable for their respective share of damages. The bill also repeals Sections 15-38-20, 15-38-30, and 15-38-40, which relate to the right of contribution and pro rata liability among tortfeasors. New provisions are introduced to define terms related to alcohol sales and establish civil liability for licensees serving alcohol to visibly intoxicated individuals or minors.

Additionally, the bill mandates alcohol server training and certification, requiring servers and managers to complete training within 120 days of employment if they do not already possess a current alcohol server certificate. It specifies that servers must not be impaired while serving and that permittees must keep copies of certificates on-site. The bill also outlines penalties for noncompliance, including potential suspension or revocation of alcohol licenses for repeated violations. Furthermore, it amends laws regarding bad faith claims in insurance, stipulating conditions under which insurers cannot be held liable for bad faith if they tender policy limits within specified timeframes. Overall, the legislation aims to clarify liability in tort cases and enhance the 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