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Spartanburg, S.C.
Feb 18, 2005

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Posted on February 18, 2005

S.C. House has passed a bill that would improve the state's legal system

The South Carolina House of Representatives passed a bill this week that would improve the state's legal system, controlling the cost of litigation to the state's economy.

The legal reforms do not restrict anyone's right to sue over any injury or grievance. They don't even limit the damages that can be sought in lawsuits. But they do impose some common-sense changes in the law regarding civil suits.

One provision would end "venue shopping," the lawyers' practice of taking a case to the county that is likely to award the highest judgment.

If the new law is passed, lawyers will have to file suit where the incident generating the suit occurred or in the home county of the plaintiff. No longer will they be able to file lawsuits in counties that have no connection to the matter being litigated or the parties in the lawsuit.

The bill passed by the House also eliminates the legal principle of joint and several liability. This principle was used by lawyers to go after the defendant with the deepest pockets. Lawyers could sue a big business for the total cost of all damages even if that business was only tangentially connected to the case.

Under the new bill, each defendant can only be required to pay the percentage of the damages that it actually caused. In other words, if a business is only 10 percent responsible for an injury, it can only be made to pay 10 percent of the damages.

The bill also cuts the time in which homeowners can sue the builders of their homes from 13 years to eight. This move will cut insurance rates and bring down the cost of construction.

These changes will help reduce abuse of the civil litigation system. They will reduce the intimidation companies feel to automatically settle dubious claims without going to court.

They will improve the state's business climate, enhancing South Carolina's economic development competitiveness. And they will bring down the cost of goods and services, boosting the economy.

The state Senate should take up this bill without delay and approve it as well.