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2011 Issues Agenda

I. Comprehensive Legal Reform Legislation

Admissibility in Civil Actions of Nonuse of Seat Belt Act

1. allows the non-use of seat belts to be admissible in civil cases to reduce damages if injury was caused by failure to wear a seat belt

Appeal Bond Waiver Act

            In civil cases, defendants are required to post a supersedeas bond before being permitted to appeal a court decision. In cases with extreme verdicts, a high bond effectively eliminates defendants’ fundamental right to appeal.

1. limits supersedeas bond to $25 Million
2. limits supersedeas bond to $1 Million for small businesses

Private Attorney Retention Sunshine Act (PARSA)

             SCCJC is seeking to provide accountability and standards for the hiring of outside legal counsel by the State of South Carolina.

Punitive Damages Standards Act

1. limits awards to 3 times compensatory damages or $350,000 whichever is greater

Statute of Repose

When a person has committed fraud, gross negligence, or recklessness, the current Statute of Repose provides that the 8 years limitation (13 years for cases filed before 2005 reforms went into effect) is not available as a defense in construction cases.

Some trial lawyers are alleging that a building code violation is enough evidence to indicate recklessness or gross negligence in cases that otherwise exceeds the limitations of the Statute of Repose.

SCCJC is proposing a clarifying clause to be added to Section 15-3-670 stating that a possible building code violation is not deemed gross negligence or recklessness per se. This clarification should stop plaintiffs’ attorneys from citing building code violations to circumvent the limitations of the Statute of Repose.

Click here to view Senate Bill 22<<

Click here to view Senate Bill 23<<