Tort reform, improvement to land
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill changes South Carolina law regarding lawsuits involving property damage. It requires plaintiffs in cases where damage is caused by a defective improvement to real property to include affidavits from expert witnesses with their complaints. These affidavits must establish a link between the defendant’s negligent actions and the damages claimed, and the defendant can file a motion to dismiss if the affidavit is deemed defective.
Key provisions
- Plaintiffs in property damage lawsuits must file expert witness affidavits.
- Affidavits must establish a causal connection between the defendant’s actions and the damages.
- Defendants can file a motion to dismiss if an affidavit is defective.
- Failure to file an affidavit can lead to dismissal of the complaint.
- A plaintiff has 30 days to amend an affidavit after receiving a motion alleging it is defective.
- The court can extend deadlines for filing amendments or responses.
- This law applies to claims arising after January 1, 2027.
Who is affected
- Plaintiffs in property damage lawsuits
- Defendants in property damage lawsuits
- Real property owners
- Construction professionals
- Legal professionals
Notable changes
- Requires expert witness affidavits in property damage lawsuits.
Bill text
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Sponsors
Official sponsors from legislative records.
1 on record
Primary sponsor
W. Newton
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