The bill H. 5444 aims to amend the South Carolina Code of Laws, specifically Sections 15-73-10 and 15-73-30, which pertain to product liability. The amendments include the definition of key terms related to product liability actions, such as "product liability action" and "distributor." The bill clarifies that a product liability action can be based on various legal theories, including negligence and strict product liability, while also excluding actions for contribution or indemnity. Additionally, it establishes that sellers are not liable if they exercised all possible care in the product's preparation and sale, and if the user did not purchase the product directly from them.

Furthermore, the bill introduces limitations on the liability of distributors, wholesalers, dealers, retailers, or sellers of defective products. It specifies that these parties can only be held liable if they are also the manufacturers or assemblers of the final product, or if they altered the product in a way that caused harm. If a claimant cannot identify the manufacturer after exercising due diligence, they may bring a product liability action against the seller, provided they submit an affidavit confirming their efforts. The bill also outlines the process for dismissing claims against sellers once the manufacturer is identified, ensuring that the liability framework is more structured and defined.

Statutes affected:
03/26/2026: 15-73-10, 15-73-30
Latest Version: 15-73-10, 15-73-30