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   S.C. Tort Reform Bill Approved

NU Online News Service, March 18, 4:24 p.m. EST—South Carolina legislators sent Republican Gov. Mark Sanford a litigation reform package yesterday that an insurers' trade group said could curb abuses.

Raymond Farmer, American Insurance Association assistant vice president, said state leaders saw the negative effects on business of what he termed abuses of the civil justice system.

He noted also that Georgia, South Carolina's neighbor state, had recently passed tort reform legislation, which he said gave it an additional tool to use in the competition to recruit businesses.

Among the features of the package:

Venue reforms that include a requirement to file lawsuits in the county where the defendant resides, and defining residence for companies as their principal place of business within the state.

Limitation of what Mr. Farmer termed “frivolous” lawsuits by requiring an attorney to attest to his good faith belief in the merits of the case, which must be reasonably supported by the facts.

Modification of the joint and several liability so that it will apply only to defendants who are more than 50 percent at fault. A defendant less than 50 percent at fault would be responsible only for his percentage of the damages awarded.

Reduction of the statute of repose (similar to a statute of limitations but applying to product rather than criminal liability) from 13 years to eight years for actions regarding improvements to real property.

The governor is expected to sign the bill into law soon, said Mr. Farmer. He also noted that the lawmakers are now working on a separate medical liability reform package.

 



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