Story by Joel Berly
October 27, 2025
Mass tort litigation in South Carolina comes with unique challenges shaped by the state’s legal framework, including specific laws, procedural rules, and recent reforms. Key takeaways include:
Navigating these complexities requires knowledge of South Carolina’s legal system, especially as new reforms take effect in 2026.
South Carolina has several laws that play a major role in how mass tort cases are handled. These laws form a distinct legal framework that impacts everything from how fault is shared among defendants to the rules for suing government entities. For example, the South Carolina Contribution Among Tortfeasors Act (S.C. Code Ann. §15-38-15) lays out how fault is divided when multiple defendants are involved. On the other hand, the South Carolina Tort Claims Act sets specific rules, including damage caps, for lawsuits against government entities. Knowing these laws is critical for shaping legal strategies and predicting potential outcomes in mass tort cases. These foundational laws have also paved the way for later reforms, such as the 2025 Tort Reform and Liquor Liability Act.
On May 28, 2025, Governor Henry McMaster signed the 2025 Tort Reform and Liquor Liability Act (Act 42) into law, with the changes taking effect on January 1, 2026. This legislation marks a major shift in how liability is divided in South Carolina mass tort cases, addressing concerns about fairness in apportioning damages.
Under this new law, defendants who are found to be less than 50% at fault are only responsible for their proportional share of the damages. However, defendants who are 50% or more at fault could still be held fully liable for the damages. To ensure fairness, the law requires juries to consider the fault of all relevant parties, including nonparties. For example, a jury might assign 60% of the fault to Defendant A, 20% to Defendant B, and 20% to a nonparty, effectively capping each defendant’s liability based on their share of responsibility.
The Act also tightens regulations for businesses that serve alcohol. Establishments selling alcohol after 5:00 PM must carry at least $1 million in liability insurance. This amount can be reduced if alcohol sales make up less than 40% of their revenue or if alcohol service ends before midnight. Additionally, the law requires training for alcohol servers and introduces penalties, including the possibility of losing their license, for noncompliance. These provisions add new layers of complexity for plaintiffs and defendants navigating South Carolina’s legal system.
In addition to changes in liability, South Carolina’s strict filing deadlines add another challenge for mass tort cases. According to S.C. Code §15-3-530, plaintiffs have three years from the date of injury to file a claim. However, cases involving government entities face even tighter restrictions under the South Carolina Tort Claims Act.
For claims against government entities, plaintiffs must file a verified claim for damages with the appropriate government agency within one year of discovering the injury. After filing, they must wait 180 days before filing a lawsuit – unless the claim is denied or settled earlier. The overall statute of limitations for these claims is two years from the date of the incident. Additionally, the Act imposes a $300,000 cap on damages against government entities, regardless of what a jury might award.
These rules make litigation against government defendants particularly tricky. Plaintiffs must carefully coordinate their filings, ensuring they meet the specific deadlines and procedural requirements for both government and private defendants. Missing even one step or deadline could lead to the dismissal of an otherwise valid claim. This makes attention to detail absolutely critical in mass tort cases involving government entities.
South Carolina’s legal system for mass tort cases is undeniably complex. Attorneys must thoroughly evaluate deadlines, identify every potential defendant and nonparty, and craft a strategy that maximizes recovery while staying within the state’s procedural rules. These laws and reforms demand a meticulous approach to ensure success in such cases.
Handling mass tort cases in South Carolina comes with its own set of procedural challenges, often complicating the pre-trial process. Unlike the federal system’s multidistrict litigation (MDL) framework, South Carolina operates under state-specific rules, which can make managing large groups of plaintiffs more intricate. Attorneys must carefully navigate these complexities to keep cases moving forward while protecting each plaintiff’s individual rights. Below, we’ll explore some of the key procedural hurdles and the methods of fault allocation that highlight the unique challenges of litigating mass torts in South Carolina.
In South Carolina, venue selection for mass tort cases is guided by statutory rules that often create logistical difficulties. Typically, venue is established where the defendant resides or where the alleged harm occurred. But when you’re dealing with multiple plaintiffs – especially those from different counties or even states – figuring out the best venue can become a tricky balancing act. Without a formal MDL process in place, South Carolina relies on state-specific mechanisms like joinder or case consolidation. These approaches can spark disputes over fairness and raise concerns about addressing the unique issues that vary from one plaintiff to another.
Discovery adds another layer of complexity. Coordinating evidence for numerous plaintiffs – each with their own medical histories, injury details, and damage claims – can be overwhelming. Courts often turn to bellwether trials to streamline the process, using these test cases to guide settlements for the larger group. However, balancing consistent legal strategies while addressing conflicting plaintiff interests remains a significant challenge.
Dividing fault among multiple defendants in South Carolina has become increasingly complicated in recent years. Juries or judges must assign a percentage of liability to each defendant, ensuring the total reaches 100%, including any comparative fault attributed to the plaintiff.
A notable change in the law now allows defendants to include nonparty tortfeasors on the jury verdict form. These nonparties might include entities that settled before the trial, companies that were not sued, or individuals whose actions contributed to the harm. To include a nonparty, defendants must show that the nonparty’s actions were a proximate cause of the damages. This approach broadens the scope of fault allocation, creating a more comprehensive picture of liability.
For plaintiffs, this procedural shift means additional hurdles. They can challenge the inclusion of nonparties through motions for summary judgment or directed verdicts, but these motions add another layer of complexity. Defendants, on the other hand, can use nonparty inclusion to reduce their liability, which forces plaintiffs to ensure all responsible parties are named in the case. Managing evidence related to nonparty conduct and filing the necessary motions can significantly extend the litigation timeline and increase costs.
These procedural challenges – venue disputes, discovery hurdles, and fault allocation complexities – illustrate the intricate nature of mass tort litigation in South Carolina. Successfully navigating these issues requires a deep understanding of state law and a strategic approach. Partnering with experienced local counsel, like the team at Berly Rouse Attorneys in Charleston, SC, can make a critical difference in managing these demanding cases effectively.
South Carolina’s laws on damage caps and liability rules play a key role in determining recoveries and assigning fault in mass tort cases. These rules are outlined through specific provisions that impose limits on damages and define the framework for fault apportionment.
Certain damages in South Carolina mass tort cases are subject to strict statutory caps. For medical malpractice cases, noneconomic damages are capped at $350,000 per claimant and $1.05 million per occurrence. Claims against government entities face caps of $300,000 per person and $600,000 per occurrence, though there are ongoing proposals to raise these limits to $1 million per person and $2 million per occurrence. Punitive damages are generally capped at the greater of three times the compensatory damages awarded or $500,000. However, these caps can be lifted in cases involving gross negligence, willful misconduct, or intentional harm by the defendant.
In addition to these damage caps, South Carolina’s comparative fault rules further influence the amount a plaintiff can recover.
South Carolina uses a modified comparative fault system, which means a plaintiff can recover damages only if their percentage of fault is 50% or less. For example, if a plaintiff is found 30% at fault in a case with total damages of $100,000, their recovery would be reduced to $70,000. However, if their fault rises to 60%, they would recover nothing.
Starting January 1, 2026, new reforms introduce additional complexities. Juries will now allocate fault not only to defendants but also to nonparty tortfeasors and settlement parties, making the process of fault determination more intricate. Additionally, joint and several liability – where one defendant can be held responsible for the full amount – has been limited. It now applies only if a defendant is found 50% or more at fault or in cases involving intentional or reckless conduct.
Consider this scenario: a government-related incident results in a jury awarding $2 million in damages to five plaintiffs. Due to the $600,000 per occurrence cap, the total recovery is limited. If one plaintiff is found 60% at fault, they would receive nothing, and the capped amount would be distributed among the other plaintiffs.
With such layered rules and limitations, working with experienced local attorneys, like Berly Rouse Attorneys, is crucial to navigating the complexities of South Carolina’s mass tort litigation system effectively.
Mass tort litigation in South Carolina requires careful planning and a sharp understanding of the law. With the 2025 Tort Reform and Liquor Liability Act set to take effect on January 1, 2026, the legal landscape is shifting. This new legislation introduces procedural changes that will impact how these cases unfold, making it critical for both plaintiffs and defendants to refine their strategies to navigate these adjustments effectively.
South Carolina’s legal system has its own set of rules and procedures that can be challenging to navigate, especially for those unfamiliar with the state’s legal framework. The modified comparative fault system, damage caps, and fault allocation rules introduced by recent legislative changes add layers of complexity. This is where local legal expertise becomes indispensable.
Berly Rouse Attorneys, based in Charleston, has decades of experience handling complex civil cases in both state and federal courts across South Carolina. Their deep understanding of the state’s legal nuances allows them to provide skilled representation, focusing on securing the best possible outcomes for their clients.
One of the key changes under the new legislation is the requirement for fact finders to assign fault percentages to all parties involved – defendants, non-parties, and plaintiffs – ensuring the total equals 100%. This change means attorneys must be adept at strategically including or excluding non-party tortfeasors on verdict forms. Such precision demands a thorough understanding of South Carolina court procedures, something local attorneys excel at.
Another critical factor is venue selection. Knowing which counties have jury pools that might be more favorable and understanding how local judges handle intricate procedural motions can make a significant difference. This level of insight is especially important when managing cases involving multiple plaintiffs across various jurisdictions within the state.
Gregory Rouse, a key figure at Berly Rouse Attorneys, has been praised for his “deep understanding of the law, clear and practical advice, responsiveness, professionalism, attention to detail, and commitment to achieving favorable outcomes”. One client, Sharon Martin, shared her experience:
“What makes Mr. Rouse stand out from other legal representatives, is that he was always responsive, approachable, and genuinely committed to achieving the best possible outcome for my case.”
This blend of legal expertise and client-focused service underscores the importance of working with attorneys who understand the local legal landscape.
Success in South Carolina’s courts often hinges on a meticulous approach to procedural requirements. Both plaintiffs and defendants must be prepared to meet strict deadlines and manage their cases with precision.
For defendants, identifying all potential tortfeasors early in the litigation process is crucial. The new law allows them to include non-party tortfeasors – such as those who have settled or were never sued – on the jury verdict form. This strategy can help spread fault among more parties, potentially reducing the defendant’s liability. However, this approach requires evidence showing that the non-party contributed to the plaintiff’s damages, which demands thorough preparation and legal skill.
On the other hand, plaintiffs must be ready to challenge these inclusion motions. This involves building a strong evidentiary record and crafting legal arguments to keep the focus on the named defendants. Motions for summary judgment or directed verdicts can be effective tools here.
Regular communication with legal counsel is another essential component of managing mass tort cases. These cases often span several years, and staying informed about developments ensures that procedural requirements are met without delays. Berly Rouse Attorneys emphasizes accessibility, offering local offices in Charleston where clients can have confidential discussions and receive personalized updates about their cases.
Effective document management is also critical. Mass tort cases often involve extensive materials, including medical records, expert reports, and discovery documents. Disorganized case files can lead to missed deadlines or weakened arguments, so maintaining well-organized records from the outset is non-negotiable.
Finally, local court practices vary by county, from motion procedures to jury instructions. Experienced South Carolina attorneys understand these differences and can tailor their strategies accordingly. This localized knowledge can be a decisive factor in achieving favorable outcomes in complex cases.
Handling mass tort litigation in South Carolina has become more intricate with the enactment of the 2025 Tort Reform and Liquor Liability Act, which takes effect on January 1, 2026. This legislation brings significant changes to how fault is distributed, liability is determined, and damages are calculated, reshaping the legal framework across the state.
One of the key updates includes a cap on liability for defendants found to be less than 50% at fault, except in cases involving intentional misconduct. Additionally, juries can now assign fault to nonparty and settling tortfeasors on verdict forms, which could lessen the liability for remaining defendants. These changes demand a highly strategic approach to litigation.
South Carolina also has specific requirements, such as damage caps and strict filing deadlines, which must be adhered to in order to avoid case dismissals. These complexities highlight the importance of working with knowledgeable local counsel who understand the intricacies of the state’s legal system.
Berly Rouse Attorneys, based in Charleston, offers decades of trial experience in state and federal courts, with a focus on mass torts and class actions. Their deep understanding of venue selection, local court procedures, and the strategic effects of the new fault allocation rules makes them a valuable ally in navigating these challenges.
Success in South Carolina’s mass tort cases goes beyond legal expertise – it requires insight into local procedures, familiarity with jury dynamics, and established relationships within the court system. Different counties handle procedural motions in unique ways, and staying updated on legislative changes is essential for achieving positive outcomes. Partnering with experienced local counsel ensures that you are well-prepared to face the evolving legal landscape.
At this time, detailed insights into the 2025 Tort Reform and Liquor Liability Act and its potential effects on mass tort cases in South Carolina are not available. However, South Carolina’s legal framework often has a significant influence on how fault is assigned in these cases. Key aspects like comparative negligence and joint liability rules can shape outcomes. If you’re looking for clarity on how these laws might relate to your specific circumstances, reaching out to an experienced attorney is strongly advised.
South Carolina enforces damage caps – limits on the amount plaintiffs can recover – for noneconomic damages (such as pain and suffering) and punitive damages in certain cases. These caps can play a major role in determining the compensation available in mass tort litigation.
For noneconomic damages, recovery is generally limited to $350,000 per defendant or $1.05 million total if multiple defendants are involved. When it comes to punitive damages, the cap is set at three times the amount of compensatory damages or $500,000, whichever is higher. That said, exceptions exist, particularly in cases involving intentional harm or other specific conditions.
If you’re pursuing a mass tort claim in South Carolina, it’s essential to understand how these caps might affect your case. Consulting with a seasoned attorney, like those at Berly Rouse, can help you navigate these restrictions and aim for the best outcome possible.
Filing a mass tort claim in South Carolina depends on whether the defendant is a government entity or a private party, as each follows distinct rules and deadlines. If the claim involves a government entity, it falls under the South Carolina Tort Claims Act. This law enforces stricter deadlines and additional procedural steps, such as requiring plaintiffs to file a notice of claim within a specific, often shorter, timeframe compared to cases against private parties.
On the other hand, lawsuits against private parties adhere to standard civil procedures, which typically offer more leniency in terms of deadlines and filing requirements. Knowing these differences is essential to safeguarding your legal rights. For case-specific advice, reaching out to legal professionals like Berly Rouse Attorneys, who have expertise in handling complex mass tort cases in South Carolina, can make all the difference.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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