Current Status Bill Number:1136 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980324 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:bbm\9744jm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Telephone companies, to be answerable in damages for injury resulting from acts of negligence
Body Date Action Description Com Leg Involved
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Senate 19980324 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES, RESTRICTIONS, AND RIGHTS OF TELEPHONE COMPANIES, BY ADDING SECTION 58-9-395 SO AS TO PROVIDE THAT ALL TELEPHONE COMPANIES DOING BUSINESS IN THIS STATE SHALL BE ANSWERABLE IN DAMAGES FOR INJURY RESULTING FROM THEIR ACTS OF NEGLIGENCE, WANTONNESS, WILFULNESS, OR RECKLESSNESS, AND TO PROVIDE FOR RELATED MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 9 of Title 58 of the 1976 Code is amended by adding:
"Section 58-9-395. Notwithstanding any other provision of law, all telephone companies doing business in this State shall be answerable in damages for injury resulting from their acts of negligence, wantonness, wilfulness, or recklessness, and in all actions under this section the jury may award those damages the jury concludes resulted from negligence, wantonness, wilfulness, or recklessness of the telephone companies, including punitive damages where appropriate. An agreement to limit or eliminate these damages, whether by written contract or otherwise, is null and void."
SECTION 2. This act takes effect upon approval by the Governor.