The upcoming legislative session in South Carolina is set to start with a contentious debate over proposed changes to the state’s civil lawsuit procedures. The issue has created a divide not only between Republicans and Democrats but also among attorneys, businesses, and insurers. This contentious bill, still considered a work in progress by its proponents, is moving to the Senate floor for discussion this week.
The legislation has spurred a social media frenzy and intense online debates from both supporters and opponents. Notably, national figures like Donald Trump Jr. have criticized the bill. Members of the Republican-led state are anticipating up to two weeks of vigorous debate without a clear sense of the outcome.
Central to the proposal is the method of assigning responsibility in lawsuits. Currently, South Carolina law states that any party deemed responsible for an incident—even minimally—involving death, injury, or other damages, could be required to pay a substantial share of settlements if other culpable parties are unable to pay.
Businesses, particularly bars and restaurants, complain about rising insurance premiums because if they serve a patron who later causes an accident due to drunk driving, and that driver can’t cover the damages, their insurance can become the primary target for claims.
Conversely, lawyers argue that eliminating the current system would disadvantage victims needing long-term care due to reduced settlement amounts, as insurers could exploit a new law to lessen payouts significantly, thereby affecting those most dependent on the financial support.
Furthermore, South Carolina’s legal framework permits lawsuits to be filed anywhere in the state where the involved company operates, rather than restricting it to the locale of the incident, allowing for attorneys to select jurisdictions more likely to favor their clients.
“I could spend hours discussing each section, and we’ll be examining these issues in detail next week,” said Republican Senator Michael Johnson from Tega Cay.
Meanwhile, neighboring Georgia is undergoing its own discussions on limiting lawsuits, reflecting a priority for Governor Brian Kemp.
In South Carolina, Johnson has presided over numerous heated subcommittee hearings regarding the legislative changes. These debates have triggered a wave of social media posts with accounts that usually share humorous content now expressing opposition to the bill. Some conservative and Republican factions accuse lawyers within their own party of seeking personal profit at the expense of injury victims.
This month, Donald Trump Jr. added his voice to the debate by sharing his disapproval of the proposed changes on social media.
At a recent Senate Judiciary Committee meeting, Johnson recognized the stark differences and tension between the involved parties, acknowledging that the bill requires modifications. He encouraged lawmakers to review the proposal over the weekend and present their suggestions in the upcoming Senate discussion.
“We all agreed we should probably step away from social media,” Johnson suggested.
Should the Senate pass the bill, it is anticipated to face another challenging debate in the South Carolina House.
