Charleston Reporter

South Carolina's legal system is under scrutiny as small businesses face challenges due to existing tort laws. A proposed bill seeks to address these issues, particularly the "joint and several liability" rule. This rule can hold a business fully responsible for damages even if it is only partially at fault in an incident.

An example provided highlights a brunch spot being held liable for an accident caused by an intoxicated patron who had consumed more drinks elsewhere. The brunch spot faced high insurance premiums as a result. In another case, New Home Construction Co. was unable to proceed with a housing project due to high insurance costs linked to potential litigation risks. Similarly, 18-Wheeler Trucking was held responsible for an accident despite not causing it, illustrating the challenges faced by small trucking companies.

The Chamber of Commerce is advocating for tort reform through the passing of S.224, which aims to ensure businesses are only accountable for their share of damages. They emphasize that this reform would benefit over 99% of South Carolina's small businesses.

Keith Benjamin from Uptown Hospitality Group addressed these concerns before the House Judiciary Committee on January 17, 2024.