A key piece of tort reform legislation, Senate Bill 244, appears to be stalled in the South Carolina House, with little indication that it will advance before the end of session, according to State Rep. Jordan Pace (R-Berkeley).
On April 3, the South Carolina House of Representatives introduced and referred S.244 to the Judiciary Committee for further review.
“I've heard no movement of S.244 in the House,” Pace, who is the Freedom Caucus Chairman, told Legal Newsline. “And this is frankly just rumor, kind of scuttlebutt, but that the individuals who are in charge of the calendar and in charge of what comes up to Judiciary aren't fans of 244, and made that pretty well public. So I hope it gets moving, but I've heard nothing.”
The original version of S.244, driven by rising insurance premiums and business closures, aimed to fix the state’s joint and several liability law, was pushed by local industry and supporters saying it would lower auto and liquor liability insurance rates and reduce legal risks for businesses.
However, the Senate was forced to compromise on the version of S.244 sent to the House due to trial lawyer influence and ultimately passed what Pace deemed a “watered down” version of S.244.
The version of S.244 passed by the Senate, which is currently under consideration in the House, limits a business's liability to its share of damages unless it is found more than 50% at fault and also lowers mandatory liquor liability insurance coverage for bars and restaurants from $1 million to $500,000, a move welcomed by struggling business owners. Additional provisions addressed asbestos and PFAS (Perfluoroalkyl and Polyfluoroalkyl Substances) lawsuits, with pending cases exempt from new rules.
Pace said the next hurdle is due to the make-up of the House’s leadership which includes a number of notable trial attorneys—much like the contingent of Senate Republicans that forced the compromised version of the bill—who are philosophically disinclined to pass comprehensive tort reform in the state.
“Trial lawyers are probably stronger in the House than in the Senate, because everybody in charge in the house is a trial lawyer,” he said. “I mean, that's just the reality of it. I don't know how much money they have to spend versus the Senate side to move the needle. Their members are ensconced.”
The South Carolina Association for Justice (SCAJ), the trial bar lobby, is a major player in the state's legislature, and has contributed nearly $1.7 million to candidates over the past 17 years.
House Speaker Murrell Smith Jr. (R-Sumter), a personal injury lawyer, counts the SCAJ as his largest donor.
Earlier this session, the group was entangled in controversy after Sen. Tom Fernandez (R-Dorchester) suggested it offered him money to oppose a bill—claims he quickly softened following a recess, and which the SCAJ denied.
Pace predicted lawmakers may wait until the end of the session to act on S.244.
“I think they'll play chicken with it until we get to the end and probably ping-pong it back and forth,” he said. “Last week or so of session—that would be my tea leaves.”
Even then, he expects any final legislation may look more like a very weakened version of tort reform previously passed by the House which only addressed liquor liability for bars and restaurants.
Still, Pace is hopeful as he and the Freedom Caucus support more sweeping legal reforms as a way to ease pressure on businesses dealing with rising insurance premiums.
“The bill that the House passed is, I mean, it’s not a bad thing. Obviously I voted for it, but it's one very, very small bite of the elephant,” he said. “We have a whole elephant to eat, not just the trunk or a foot or a tail.”
Pace noted the growing impact of liability costs across industries, not just those traditionally targeted in personal injury suits.
“It's crept into the industrial stuff—industrial manufacturing, distribution, funeral homes, daycares, all the above,” he said. “Anybody with a fleet or who could be exposed to that kind of liability—everybody's interest going up because the insurance market is shrinking.”
He also pointed to the role of DUI-related cases in rising liability concerns and insurance rates.
“The part that’s not being talked about either is, you know, having a higher requirement, higher liability for people convicted of DUIs,” Pace said. “It’s the drunk drivers, by and large, that are causing a lot of these issues.”
He referenced a proposal—possibly SR-22 insurance requirements—that would mandate additional coverage for DUI offenders.
With the General Assembly’s motion period eliminated, Pace said House members have few procedural options to force bills like S.244 to the floor.
“They got rid of the motion period, so we don't have any weapons on the floor to bypass committee and get things out of the committees that never come up,” he said. “Since they took away the motion period, which I don't think was an accident.”
The South Carolina General Assembly's 2025 session adjournment date of May 8.