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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