Current Status Introducing Body:House Bill Number:3662 Primary Sponsor:Gentry Committee Number:25 Type of Legislation:GB Subject:Comparative negligence Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/18259.SD Introduced Date:Mar 07, 1991 Last History Body:House Last History Date:Mar 07, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Gentry Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3662 House Mar 07, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 15-1-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLE ACCIDENT ACTIONS, SO AS TO BROADEN THE SCOPE OF THE SECTION BY PROVIDING FOR COMPARATIVE NEGLIGENCE; TO AMEND SECTIONS 42-1-520, RELATING TO WORKERS' COMPENSATION AND DEFENSES AVAILABLE TO AN EMPLOYER AND 58-17-3730, RELATING TO ACTIONS AGAINST COMMON CARRIERS BY RAIL, SO AS TO DELETE ANY REFERENCE TO THE DEFENSES OF CONTRIBUTORY NEGLIGENCE, NEGLIGENCE OF A FELLOW SERVANT, AND ASSUMPTION OF RISK; AND TO REPEAL SECTION 15-73-20, RELATING TO BARRING RECOVERY AGAINST SELLERS OF DEFECTIVE PRODUCTS UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-1-300 of the 1976 Code is amended to read:
"Section 15-1-300. In any motor vehicle accident, contributory negligence shall not bar recovery in any action by any person or legal representative to recover damages for negligence resulting in death or in injury to person or property, if such contributory negligence was equal to or less than the negligence which must be established in order to recover from the party against whom recovery is sought.
(A) As used in this section:
(1) `Claimant' means an injured party or his legal representative.
(2) `Fault' means negligence, contributor negligence, the negligence of a fellow servant, or assumption of risk.
(3) `Negligence', as is contemplated for the purpose of this section only, means not only the lack of ordinary care but also wilful, wanton, or reckless acts or omissions.
(B) Notwithstanding any other provision of law, in all actions brought upon theories of negligence or strict tort liability, common law or statutory, for damages due to death or injury to person or property, the fact that the claimant was also at fault in causing the injury complained of does not bar recovery of damages unless that fault was greater than the fault of the defending tortfeasor, but any damages recoverable must be reduced for purposes of judgment by an amount which bears the same ratio to the total damages recoverable as the claimant's fault bears to the defending tortfeasor's fault.
(C) In actions covered by this act in which counterclaims, cross actions, or third party complaints are asserted, successful claimants shall have judgment for the full amount of their recoverable damages, as reduced on account of their fault, and there is no right of setoff between parties to the action.
(D) In actions covered by this section, the court shall submit to the finder of fact written interrogatories requiring assessment of the total damages recoverable by a claimant, if any, and the percentage of fault separately attributable to the claimant and any joint tortfeasors, and the court shall enter judgment after making computations required by this section."
SECTION 2. Section 42-1-520 of the 1976 Code is amended to read:
"Section 42-1-520. An employee who elects not to operate under this title shall, in any action to recover damages for personal injury or death brought against an employer accepting the compensation provisions of this title, proceed at common law and the employer may avail himself of the defenses of contributory negligence, negligence of a fellow servant and assumption of risk, as such defenses exist at common law."
SECTION 3. Section 58-17-3730 of the 1976 Code is amended to read:
"Section 58-17-3730. In all actions hereafter brought against any such common carrier by railroad under or by virtue of any of the provisions of this article to recover damages for personal injuries to any employee or when such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee. But no No such employee who may be injured or killed shall may be held to have been guilty of contributory negligence when the violation by such the common carrier of any statute enacted for the safety of employees contributed to the injury or death of such the employee."
SECTION 4. Section 15-73-20 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.