McMaster, Massey push for tort reform, but others call proposed bill a “Trojan Horse”

COLUMBIA, SC (WOLO) — Governor Henry McMaster and other leaders held a press conference Wednesday morning to call for tort reform across South Carolina.

However, others say a number of changes need to be made before a final bill makes it to the governor’s desk.

Tort laws should provide fair and prompt enforcement of justice when an injury occurs, including full compensation, says McMaster, without stifling jobs or economic growth.

“I ask the General Assembly to find the common sense solution. One that will provide accountability, certainty, and full and just compensation, but without damaging our economy. And one that I can sign into law the minute it arrives at my desk,” he says.

But protesters of Bill S244 — the most recent revision of tort reform making its way through the General Assembly — say numerous changes need to be made to the bill first.

“The 10-month-rule is a provision in Section 13 of S244 that requires all of us, each and every one of us, all of the citizens of SC, to wait up to 10 months before an insurance company pays your claim. Please — I hope somebody at that press conference can tell me how our citizens waiting 10 months helps anyone to get a valid insurance claim paid,” says Attorney Christopher Pracht of Anderson.

However, Senator Shane Massey says if no change is made to current tort law, business owners will suffer.

“And they’re gonna pay more for insurance than they should be paying. We have the ability to address that problem,” says Massey.

Pracht and others agree that there is a real problem with “skyrocketing” liquor liability insurance premiums for bars and restaurants, but it’s a narrow one.

“That problem is being used as a Trojan Horse to move through a massive tort reform bill that does nothing but bail out big insurance and it doesn’t help the citizens of this state,” he says.

Pracht and others also say Sections 9 and 10 of S244 would gut a citizen’s auto insurance, taking half of their coverage away should they be hit by a drunk driver.

“My clients are school bus drivers, teachers, firemen, police officers, bartenders, waitresses, small businesses, our clients are the ones being screwed over here,” he says.

The Governor believes current tort law is causing individuals and business owners to be unduly penalized for the actions of others through what he calls “crippling financial judgement” and “skyrocketing insurance premiums.”

“We must be sure that those injured receive full compensation for those injuries, but not at the expense of those not responsible for those injuries,” says McMaster.

Lawmakers have until the end of session in May to pass S244 or other similar bills.