South Carolina law has changed. Act 42 (H.3430), also called the Tort Reform and Liquor Liability Act, effective on January 1, 2026. It changes part of S.C. Code § 15-38-15, the Contribution Among Tortfeasors Act, and affects how fault may be divided in alcohol-related accident cases. If someone you love was killed in an alcohol-related crash, you need to understand what this law changes and how it may affect your family’s claim. Attorney Matthew Breen, a Charleston wrongful death attorney, explains who may be held responsible, how fault may be divided, and why protecting the claim early matters.
What Is South Carolina’s 2026 Tort Reform Law?
Act 42, also called the Tort Reform and Liquor Liability Act, is now South Carolina law. It passed with near-unanimous support in the House and Senate, and it applies to claims that arise on or after January 1, 2026. If the claim happened before that date, the older rules still apply.
The Act covers several different issues, but in a wrongful death case, the part that matters most is how blame gets divided. When more than one person or business may be responsible for a death, South Carolina courts now have to look closely at each party’s share of fault.
The legal term here is joint and several liability. In plain English, that means how much of the total damages each defendant can be made to pay. That matters because the way fault is divided can directly affect what a family actually recovers.
How Act 42 Changes Fault-Sharing in Wrongful Death Cases
Before Act 42, a defendant who was only a little bit at fault could sometimes still be responsible for the full judgment, even if someone else caused most of the harm.
Act 42 changes that. If a defendant is found less than 50% at fault, they generally pay only their share of the damages. If they are found more than 50% at fault, they may still be responsible for the full amount.
The law also lets the jury consider people or businesses who are not named in the lawsuit. All fault still has to add up to 100%, but some of that blame can be placed on someone who is not in the courtroom.
That is the “empty chair” problem. The defense can point to an absent person or company and say, “They are the ones who really caused this.” If the jury agrees, that can reduce what the named defendant owes. That is why these cases need to be investigated early, while evidence is still available and before the other side gets to shape the story.
| Issue | Before Jan. 1, 2026 | After Jan. 1, 2026 |
|---|---|---|
| Liability if alcohol was involved | Bar/venue could pay 100% of damages, even at just 1% fault | Alcohol exception removed; liable only for actual fault share if under 50% |
| Liability for gross negligence | Automatic full liability, regardless of fault % | Removed; gross negligence no longer triggers full liability |
| Blaming others not named in the lawsuit | Largely restricted to named defendants | “Empty chair” defense restored; non-party tortfeasors can be added to verdict form |
| Drunk driving + bar liability | Bar could be on the hook for up to 100% of damages | Bar’s liability capped at 50% if driver is DUI-charged |
| Alcohol server training | Not required statewide | Mandatory certified training for all servers |
| Insurance for late-night alcohol sales | Standard $1M liquor liability requirement | $1M requirement, but reducible to $300K with safety measures (earlier closing, ID scanners, training, etc.) |
Why Early Investigation By a Wrongful Death Attorney Matters More
Act 42 gives defendants 180 days to name other people or businesses they say share the blame. That means we have to move just as fast. You do not want your case built around what the other side finds first, and you do not want a responsible party left out of the claim.
Evidence does not wait. Skid marks fade. Security footage and dashcam footage can be erased or overwritten. Witnesses forget details. In wrongful death cases, those details matter a great deal.
The basic filing rules have not changed. Typically, South Carolina families have three years from the date of death to file a wrongful death claim, and the personal representative of the estate is the person who brings it. What has changed is how fault gets divided once the case moves forward. That is why you need a lawyer involved early, preserving evidence, identifying every responsible party, and protecting your family’s interests from the start.
A Charleston Wrongful Death Attorney Can Protect Your Claim
Act 42 changes how alcohol-related wrongful death claims are handled. When the defense can point to someone else and say they share the blame, your case needs to be investigated early and built the right way. In 2023, South Carolina had 5,319 crashes involving alcohol or drugs, and 367 people were killed in those crashes. That’s no coincidence when it comes to Act 42. These are serious cases, and the details matter. No sum of money can ever return your loved one, but a wrongful death claim can hold the right people accountable. Contact Lowcountry Law today to book a free consultation with our Charleston wrongful death attorney.
