South Carolina’s New Tort Reform — What Injury Victims Need to Know
In May 2025, South Carolina lawmakers passed significant changes to the way civil lawsuits are handled. Known as Act 42, the new tort reform law reshapes how fault and financial responsibility are assigned in personal injury and wrongful death cases. These updates will take effect in January 2026—and they could have a major impact on how victims pursue justice.
One of the biggest changes is the return of the “empty-chair defense.” This means a defendant can now shift blame to another party—even if that person or entity isn’t named in the lawsuit. This makes early case investigation critical, because if you don’t include all potentially responsible parties from the start, you may lose your chance to recover full compensation.
The law also changes how financial liability is split among defendants. Under the new system, only those found to be 50% or more at fault can be held responsible for the entire judgment. If a party is found to be 49% or less at fault, they are only liable for their specific share of damages. This can make it harder for injury victims to recover the full amount they’re owed unless every negligent party is properly identified and included.
Additionally, liquor liability laws were revised. Businesses that sell or serve alcohol may now limit their insurance coverage if they implement safety protocols like server training, ID scanning, and responsible sales policies. This will likely affect cases involving drunk driving and bar-related injuries.
What This Means for You
If you’re injured in an accident in South Carolina, it’s more important than ever to speak with an experienced attorney as soon as possible. Quick action is critical for identifying all liable parties, preserving evidence, and navigating new legal challenges that could affect your case.
At Murdaugh Law Group, we’re prepared to help injury victims understand how these changes impact their rights. Our legal team is equipped to handle complex claims under both current and future laws. With early involvement and strong legal strategy, we’ll ensure your case is positioned for success under the new system.
