The "Liability for Injuries Caused by Abortion-Inducing Drugs Act" seeks to amend the South Carolina Code of Laws by introducing 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 defines key terms, outlines conditions for liability, and specifies exceptions, such as for medical emergencies or actions taken by licensed physicians. It allows parents to bring wrongful death claims for an unborn child who dies due to these drugs and provides protections for certain parties, including internet service providers and healthcare professionals in emergencies. Additionally, it permits civil actions to be initiated up to thirty years after the cause of action arises and declares any waiver of the right to sue as void against public policy.
The bill further establishes new legal provisions regarding the enforcement of abortion-related laws, declaring that any contractual choice-of-law or choice-of-forum provisions that conflict with public policy are void. It designates specific venues for civil actions related to abortion, prohibits state entities from influencing these actions, and clarifies the state's sovereign immunity in challenges to the article's provisions. The bill emphasizes severability, ensuring that if any part is deemed unconstitutional, the remaining provisions will remain effective. It also states that individuals seeking declaratory or injunctive relief against abortion regulations may be liable for the prevailing party's costs and attorney's fees, thereby creating a comprehensive legal framework for abortion-related civil actions while limiting state liability and involvement.