Elected leaders and businesses in South Carolina have joined together to push for tort reform laws during the current legislative session.
Gov. Henry McMaster (R) was surrounded by lawmakers, business leaders, and employees as he issued a call to address the impact current tort laws have on the Palmetto State’s economy and future development.
“As you all know, we are booming, but there can be impediments to that. Can be anchors holding us back,” cautioned McMaster. “Prosperity requires our state’s civil justice system to allow fair and prompt enforcement of our laws and proper redress of injury. This should not stifle the creation of jobs and economic growth, but rather, should enhance it. All of our laws should keep the doors wide open for our economic future prosperity.”
The rules on joint and several liability are first on the Governor’s list. Under existing law, if multiple defendants are named and individual liability is difficult to determine, each is held liable for all of the plaintiff’s injuries. McMaster said that brings a level of uncertainty into play.
“Today, individuals and businesses, both large and small, are being unduly penalized for the actions of others, too often, through crippling financial judgment and skyrocketing insurance premiums. This cannot be allowed to continue. We must be sure that those injured receive full compensation for those injuries, but not at the expense of those not responsible for those injuries,” he said.
Senator Shane Massey (R-District 25), which includes portions of Aiken and Edgefield counties, is the Majority Leader in the Senate and Chairman of the Senate Rules Committee. He said South Carolina has the highest liability insurance rates in the region. He said that is due to a broken civil justice system.
“It is not broken for insurance companies. It is broken for the people in the state house lobby today,” he said. “These are the people who make South Carolina move. These are the people who make South Carolina competitive and attractive to other people. We have citizens of South Carolina here with us today. We have business owners. We have representatives of large industry. We have employees. Each of these people is suffering because of higher insurance rates that are brought about from a broken civil justice system. If we address that, these people in South Carolina will flourish even more than before, and we will stay competitive with our neighbors.”
Massey said there is fierce competition for economic development and that is why neighboring states, including Georgia, are pursuing tort reform. If South Carolina fails to follow suit, it will fall behind in economic growth.
One of the business owners participating in the news conference was Richard Jackson of C.R. Jackson, Incorporated Grading and Paving. He said the current system, particularly the joint and several provisions, is not good legislation.
“I believe anybody that’s been that suffered needs a chance at justice, and we want to continue that system, of course, but it’s also wanted to propel South Carolina to the future with economic development landscape that favors the growth of our businesses, takes care of our children and our families for the future,” he said. “We don’t want to be losing everything to a legal system that’s stacked against us.”
Among the bills in the general assembly is S. 244, co-sponsored by Massey. It addresses the apportionment of percentages of fault across multiple industries including construction, trucking, hospitals, and manufacturing.
The legislation can be viewed at www.scstatehouse.gov/sess126_2025-2026/bills/244.htm
