2024 South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 38 - South Carolina Contribution Among Tortfeasors Act
Editor's Note
2005 Act No. 27, Section 11, provides as follows:
"If any provision of Section 6 [adding this section] or its application to any person is held invalid, unenforceable, or unconstitutional, this validity, unenforceability, or unconstitutionality shall negate the other provisions or applications of Section 6, and to this end, the provisions of Section 6 are not severable."
2005 Act No. 27, Section 16(4), provides as follows:
"Section 6 [adding this section] takes effect July 1, 2005, and shall only apply to causes of action arising on or after that date except for causes of actions relating to construction torts which would take effect on July 1, 2005, and apply to improvements to real property that first obtain substantial completion on or after July 1, 2005. For purposes of this section, an improvement to real property obtains substantial completion when a municipality or county issues a certificate of occupancy in the case of new construction, or completes a final inspection in the case of improvements to existing improvements;[.]"
2005 Act No. 32, Section 17, provides as follows:
"If any provision of Section 16 [amending this section] or its application to any person is held invalid, unenforceable, or unconstitutional, this validity, unenforceability, or unconstitutionality shall negate the other provisions or applications of Section 16, and to this end, the provisions of Section 16 are not severable."
2005 Act No. 32, Section 21(A), provides as follows:
"Section 16 [amending this section] takes effect July 1, 2005, and shall only apply to causes of action arising on or after that date except for causes of actions relating to construction torts which would take effect on July 1, 2005, and apply to improvements to real property that first obtain substantial completion on or after July 1, 2005. For purposes of this section, an improvement to real property obtains substantial completion when a municipality or county issues a certificate of occupancy in the case of new construction, or completes a final inspection in the case of improvements to existing improvements."
Effect of Amendment
The 2005 amendment, in subsection (B)(3), added the last sentence; in subsection (F), added "or the illegal or illicit use, sale, or possession of" preceding "drugs".
- Section 15-38-10. Short title.
- Section 15-38-15. Liability of defendant responsible for less than fifty per cent of total fault; apportionment of percentages; willful, wanton, or grossly negligent defendant and alcoholic beverage or drug exceptions.
- Section 15-38-20. Right of contribution.
- Section 15-38-30. Factors determining pro rata liability of tortfeasors.
- Section 15-38-40. Action for contribution.
- Section 15-38-50. Effect of release, covenant not to sue, or not to enforce judgment.
- Section 15-38-60. Construction of chapter.
- Section 15-38-65. Uniform Contribution Among Tortfeasors Act not applicable to governmental entities.
- Section 15-38-70. Repeal of inconsistent acts.
