SOUTH CAROLINA REFORMS

Advertising Restrictions: H 3008 (2005). Makes using a nickname in attorney advertising a violation of the Unfair Trade Practices Act.

Appeal Bond Reform: H. 4823 (2004).  Provided that judgments are to be stayed during the appeal of a judgment by signatories to the Master Settlement Agreement.  Such defendants are not required to post an appeal bond.

Asbestos / Silica Litigation Reform: S. 1038 (2006).  Establishes minimum medical criteria (based on the AMA guide to the evaluation of permanent impairment) for the filing of asbestos and silica claims.  Extends the statute of limitations to when an exposed person discovers or should have discovered his or her physical impairment.

Asbestos / Successor Liability Reform: S. 1163 (2006).  Limits successor asbestos-related liability to the fair market value or the total gross assets of the transferor determined at the time of the merger or consolidation.  Provides methods for determining fair market value.

Employer Reference Liability: SB 1041 (1996).  Provides immunity from liability to employers providing information about a current or former employee, unless the employer knowingly or recklessly releases or discloses false information.

Expert Witness Standards Reform: S 83 (2005). In an action against a professional (such as physicians, medical professionals, architects, CPAs, etc.), increases the standard for admitting expert witness testimony by defining an expert witness as one who: (1) is qualified as to the acceptable standard of conduct of the professional whose conduct is at issue; (2) is licensed by an appropriate regulatory agency; (3) is board certified; and (4) has actual professional knowledge based on active practice for at least three to five years, has taught for at least half of his professional time for at least three to five years, or any combination thereof for at least three to five years.  In such actions against a professional, the plaintiff must file an affidavit of an expert witness which specifies at least one negligent act or omission and the factual bases for    each claim, unless the basis of the claim does not require specialized knowledge        or experience to evaluate the conduct of the defendant. Provides that in any other civil action, expert witness is defined as one who has scientific, technical, or other specialized knowledge which may assist the trier of fact in understanding evidence and determining a fact or issue in the case.

Frivolous Lawsuit Sanctions: H 3008 (2005). Provides for sanctions against lawyers and parties who bring frivolous claims, including reporting lawyers to the Commission on Lawyers Conduct and required the Supreme Court to keep a public record of frivolous sanctions.

Frivolous Lawsuit Sanction: H 2610 (1988).  Allows a court to order sanctions for frivolous lawsuits. 

Joint and Several Liability Reform: H 3008 (2005). Provides that joint and several liability does not apply to defendants less than 50 percent responsible of the total fault.  In the calculation of total fault, comparative   fault of the plaintiff is to be included.  If the plaintiff is found to be 50 percent or         greater at fault, the plaintiff shall then be barred from recovery.  Defendant’s less than 50 percent at fault shall only be responsible for its proportional share of the damages based on its percentages of liability.  

Joint and Several Liability: S 83 (2005). Specifies that if there are multiple defendants in a civil action, joint and several liability does not apply to any defendant 50 percent or less responsible for the damages.  Furthermore, specified that comparative fault is included in the calculation of total fault in the case.  If the plaintiff is found to be greater than 50 percent responsible for the total fault, then the plaintiff is completely barred from recovering damages.  A defendant found to be less than 50 percent responsible is only responsible for its proportional share of damages based on its percentage of liability.  Retained the right of the “empty chair” defense where a defendant retains the right to assert that another potential tortfeasor, whether or not a party, contributed to the alleged damages and may be liable for any or all damages       alleged by another party.

Medical Malpractice Reform/Emergency Situations: S 83 (2005). Provides that a physician is not liable for claims arising out of an emergency    situation unless the physician was grossly negligent.  Provides that a physician is not liable in a claim arising out of obstetrical care rendered in an emergency situation where there is no previous doctor/patient relationship or where the patient has not received prenatal care, unless the physician was grossly negligent.

Medical Malpractice Reform/Mediation: S 83 (2005). Requires that prior to filing an action, the plaintiff must file a Notice of Intent to File Suit, and the parties must participate in a court-supervised mediation.  If the matter is not resolved through mediation, the plaintiff may initiate the action within 60 days of the end of mediation or prior to the expiration of the statute of limitations, whichever is later.

Medical Malpractice Reform/ Noneconomic Damages: S 83 (2005). Limits noneconomic damages in medical liability cases to $350,000 per provider, with an overall aggregate limit of $1.05 million. 

Medical Liability Reform: Contributory Negligence: H 2610 (1988).  Retains contributory negligence.

Medical Liability Reform: Statute of Limitations: H 2610 (1988).  Establishes a 7-year statute of limitations (running from the discovery of the injury) for medical liability claims by minors.

Post Judgment Interest Rate Reform: H 3008 (2005). Reduces post judgment interest from a flat 12 percent to the prime rate plus four percent.

Prejudgment Interest: H 3403 (2000).  Sets prejudgment interest rates at the prime rate plus one percent.

Punitive Damages Reform: Clear and Convincing Evidence: H 2610 (1988): S.C. Code Ann. § 15-33-135.  Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

Sports Liability Reform: AB 3532 (1996).  Establishes immunity from liability for injuries or death to a person engaged in a skating activity caused by an inherent risk of ice or roller skating.

Statute of Repose/Construction Defect Cases: H 3008 (2005). Reduces the time within which an action arising from defective or unsafe construction may be brought from 13 years to eight years after the date of substantial completion of the improvement.

Statute of Limitations Reform:  H 2610 (1988).  Reduces the statute of limitations from 6 years to 3 years.

Venue Reform: H 3008 (2005). Specifies that claims can only be brought where the most substantial part of the action arose or in the defendant’s principal place of business.  In cases against a non-resident defendant, the action must be brought where the most substantial         part of the cause of action occurred, or where the plaintiff resides at the time the action arose.  Civil actions against (i) a domestic corporation or (ii) a foreign corporation required to possess and possessing a certificate of authority from the Secretary of State must be brought and tried in the county where the defendant has its principal place of business at the time the cause of action arose, or where the most substantial part of the cause of action occurred.  Civil actions against a foreign corporation that does not possess a certificate of authority from the Secretary of State must be brought and tried in the county where the most substantial part of the cause of action occurred, or where the plaintiff resides at the time the cause of action arose.