The bill's most significant alterations include provisions that prohibit individuals from recovering damages if they knowingly rode in a vehicle operated by a visibly intoxicated driver. This introduces a more rigorous standard for claims related to personal injuries or property damage arising from alcohol use. Furthermore, the bill enhances the civil liability of alcohol servers, requiring them to maintain alcohol server training and certifications, thereby placing greater accountability on those involved in the sale and distribution of alcoholic beverages.
House Bill H3849 seeks to amend various provisions within the South Carolina Code of Laws, particularly focusing on tort reform and liability connected to the sale of alcoholic beverages. The bill notably alters how fault is apportioned in civil cases, adjusting the role of juries and courts in determining the percentage of fault among claimants, defendants, and non-parties involved in a case. By repealing several existing sections concerning tort liability and contribution, it aims to streamline processes surrounding claims, specifically targeting instances involving alcohol-related cases.
Opponents of HB H3849 may argue that its provisions, particularly those that limit the capacity of claimants to seek damages, constitute an unfair advantage for licensees and may inadvertently protect negligent behaviors. Supporters, on the other hand, contend that the bill will reduce frivolous lawsuits and improve overall accountability within alcohol service establishments. Debate surrounding the bill is expected to focus on the balance between protecting consumers and preventing abuse of the legal system concerning tort claims.