The "Liability for Injuries Caused by Abortion-Inducing Drugs Act" seeks to amend the South Carolina Code of Laws by establishing strict liability for individuals and entities involved in the manufacture, distribution, or provision of abortion-inducing drugs. This includes those who assist in these activities. The bill allows parents of unborn children who die due to these drugs to file wrongful death claims and provides a framework for apportioning liability among manufacturers when the specific manufacturer is unknown. It also protects certain parties, such as internet service providers and healthcare professionals in emergencies, from liability, and clarifies that the law applies to any abortion involving South Carolina residents, regardless of location, while prohibiting class action lawsuits.
Additionally, the bill addresses the enforcement of abortion-related laws by declaring any contractual provisions that attempt to apply laws from other jurisdictions or dictate specific litigation forums as void. It designates specific venues for civil actions related to abortion, limits enforcement to private civil actions, and ensures that state entities cannot intervene. The bill also asserts the state's sovereign immunity against challenges to its validity, emphasizes the severability of its provisions, and allows individuals facing legal action for claims under the article to recover damages. Overall, the legislation aims to create a comprehensive legal framework for regulating abortion while minimizing external legal challenges.