By Senator Kent Williams
In late January of this year, S. 244 was introduced in the Senate. This has been a highly discussed piece of comprehensive legislation dealing with the broad issue of tort reform. Much of the discussion has revolved around fault, liability, insurance, bad faith actions, medical malpractice and more. While each of these components are crucial, my focus remains on how this bill could potentially impact you, and all of the people of South Carolina.
In the area of fault, the proposed bill seeks to alter the way in which legal cases involving damages are handled. Further, this would allow juries to apportion fault among the claimant, defendant, and non-parties whose actions caused the damages. In doing so, this could result in a more accurate distribution of responsibility of all parties involved.
Many of you have heard of bards and local VFW’s having to shut down due to the lack of ability to insurance. The second major element of this bill concerns liquor liability insurance. Under this bill, liability, refers to assigning responsibility to parties involved. For example, when it comes to liquor liability, this bill aims to clarify responsibility of bars and restaurants involving alcohol-related incidents. It also provides for alcohol server training.
Lastly, the bill covers several aspects of insurance with a more comprehensive approach that impacts both insurers and policyholders. The bill discusses bad faith practices, penalties and comparative negligence, uninsured motorist coverage, and more. Each of these elements seek to consider consumer-friendly policies in search of a more equitable and accessible insurance environment for people.
Supporters of this bill believe that these reforms will bring about positive changes on several levels. Potential benefits include a reduction of frivolous lawsuits, lower insurance premiums, and essentially making South Carolina a more competitive state for business.
Critics of this bill argue that there is more to be done in order for this reform to elicit positive outcomes. They express concern that this bill could limit access to legal resources for injured parties and leave them unable to recover damages.
As the Senate continues to discuss this issue, I will continue to listen to information presented both in favor of repealing and reforming this matter. It is an honor to serve you in Columbia, and I am grateful for your continued support. As with all matters concerning state government, I want to hear your opinions and suggestions concerning these issues. Please contact me in my Columbia office located at 602 Gressette Office Building. You can reach me, or a member of my staff in Columbia at (803) 212-6000 or by fax at (803) 212-6011. My district office is located at 2523 East Highway 76, Marion, SC 29571, the phone number is (843) 423-8237 and the fax number is (843) 431-6049. You may also email me at KENTWILLIAMS@scsenate.gov.
As always, I also want to supply you with my business phone number so that you will able to reach me easily at any time. My business phone is (843) 423-3904. Please use this information to write, call or email me with your suggestions and concerns regarding issues before the Senate and in our community.
