Business Backed Tort Reform Measure Becomes Law

Last Tuesday, June 14, Governor Nikki Haley signed H 3375 (Harrell), enacting the South Carolina Fairness in Civil Justice Act of 2011. This tort reform measure limits in most cases punitive awards to $500,000 or three times the actual damages, whichever is greater. In the worst cases, punitive awards would be capped at the greater of $2 million or four times the actual damages, which include lost wages and medical expenses. The legislation also provides that nothing in this act shall be misconstrued to interfere with the charitable immunity laws. As enacted, the bill specifically states that the provisions of the law do not affect any right, privilege, or provision of the South Carolina Tort Claims Act or the South Carolina Solicitation of Charitable Funds Act.

06-21-2011 09:23 (EDT)