Current Status Bill Number:4250 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970529 Primary Sponsor:F. Smith All Sponsors:F. Smith Drafted Document Number:egm\18617djc.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Contributory negligence, not to bar recovery of damages in motor vehicle accidents when; Torts, Courts
Body Date Action Description Com Leg Involved
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House 19970529 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 15-1-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRIBUTORY NEGLIGENCE NOT BARRING RECOVERY IN MOTOR VEHICLE ACCIDENTS, SO AS TO PROVIDE THAT 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 THAT MUST BE ESTABLISHED IN ORDER TO RECOVER FROM THE PARTY AGAINST WHOM RECOVERY IS SOUGHT, TO PROVIDE WHEN A PLAINTIFF IN A NEGLIGENCE ACTION MAY RECOVER, TO PROVIDE THAT PLAINTIFF'S RECOVERY SHALL BE REDUCED IN PROPORTION TO THE AMOUNT OF HIS NEGLIGENCE, AND THAT THE PLAINTIFF'S NEGLIGENCE SHALL BE COMPARED TO THE COMBINED NEGLIGENCE OF ALL DEFENDANTS.
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 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 that must be established in order to recover from the party against whom recovery is sought. A plaintiff in a negligence action may recover damages i f his negligence is not greater than that of the defendant. The amount of the plaintiiff's recovery shall be reduced in proportion to the amount of his negligence. If there is more than one defendant, the plaintiff's negligence shall be compared to the combined negligence of all defendants."
SECTION 2. This act takes effect upon approval by the Governor.