• Here’s what happened: Efforts to pass common-sense lawsuit reforms in South Carolina—including measures to clarify defendants’ financial responsibility in lawsuits—failed to pass this legislative session.
• Zoom in: The South Carolina Justice Act would have made defendants fully liable for damages only if they were found to be more than 50% at fault. If they were less than 50% responsible, they would only need to pay their proportionate share of damages.
• The bigger picture: Supporters argued that reforming the state’s liability laws was essential to combat rising insurance premiums and address the “deep pockets” issue in lawsuits, arguing the current system unfairly targets entities perceived as wealthy, leaving them fully liable even if they were only partially at fault.
• What about Texas? The Texas Legislature began addressing this issue in 1973, and TLR advocated for major reforms to proportionate liability measures in Texas in 1995 and 2003.
• TLR Thoughts: Texas has come a long way from the days of jackpot justice in the 1990s. and many of the reforms advocated by TLR and passed by the Legislature remain national models for other states. Comprehensive tort reforms have brought efficiency and predictability to Texas’ legal system, and we are hopeful that the Palmetto State’s reform efforts will ultimately succeed. Catch up quick

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