Changes in how lawsuits are handled in South Carolina split parties

COLUMBIA, S.C. (AP) — The first big fight of the 2025 legislative session in South Carolina is splitting Republicans and Democrats as well as attorneys, businesses and insurers as the Senate looks to change how the state handles some civil lawsuits.

A bill that supporters said is far from a finished product is making its way to the Senate floor this week.

The bill has prompted social media blitzes and heated arguments online from both sides. Even some national Republicans have weighed in on, including Donald Trump Jr.

Leadership in the Republican-dominated state expect two weeks of debate and they aren’t really sure how it might end.

The proposal takes up several issues involving the state’s legal system. The key part is how parties are held responsible in lawsuits. South Carolina law says that anyone held accountable for a death, injury or problem, no matter how small their contribution, can be forced to pay a large portion of a settlement or award if the others can’t pay.

Businesses, especially bars and restaurants, said their insurance rates have skyrocketed because if they serve someone who chooses to drink and drive and causes a wreck and the driver can’t pay their policy becomes a juicy target for an opposing attorney.

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On the other side are lawyers who said in that scenario, someone who might need a lifetime of care loses access to a large award and insurers would use a new law to manipulate the system into paying much less to the people who need the money the most.

The scenario repeats itself in a number of different industries. Complicating the issue is South Carolina law allows someone to file a lawsuit anywhere in the state that a company does business instead of only the county where the incident happens. That allows an attorney to choose a place where jurors might be more sympathetic.

“I could spend hours talking about each section and we’re going to spend hours on it next week,” said Republican Sen. Michael Johnson of Tega Cay on Tuesday.

Neighboring Georgia is having its own fight over limiting lawsuits through a bill that Gov. Brian Kemp has made one of his top priorities.

In South Carolina, Johnson held several contentious subcommittee hearings on the bills. They also led to a flurry of social media allegations going back and forth.

Accounts that typically post lighthearted memes started posting against the bill. A segment of conservatives and Republicans have suggested lawyers in their own party are fat cats who are trying to line their own pockets by hurting innocent victims.

Even Donald Trump Jr. chimed in earlier this month, reposting a comment on the issue on social media platform X, adding “this bill seems like a complete disaster.”

Johnson acknowledged both the wide gulf between the sides and the sharp elbows thrown during the debate at a Senate Judiciary Committee meeting last week. He said he knows the bill needs some changes but suggested lawmakers take the weekend to look over things and make suggestions next week on the Senate floor.

“We all agreed we should probably get off social media,” Johnson said.

Even if the bill gets through the Senate, another bruising fight would await in the South Carolina House.