By Sydney Lynn
Gov. Henry McMaster recently held a ceremonial bill signing for H.3430, the tort reform bill, which he hailed as a “great victory.”
The new law will take effect on Jan. 1, 2026, but before then, we think South Carolinians deserve a clear-eyed account of what happened — and what’s still at stake.
This legislative session opened with what we saw as a sweeping effort to roll back victims’ rights. S.244 was a bill that aimed to rewrite the long-standing liability laws that are imperative to protecting everyday people who are harmed by the negligent, the reckless, and the outright dangerous.
After weeks of debate and the hard work of legislators and individuals who fought to protect the safety and rights of all South Carolinians, some of the most dangerous provisions of that original bill were removed.
Our collective efforts to raise awareness and push for victims to be kept at the forefront of decision-making made a significant difference. Unfortunately, we believe the final legislation, H.3430, still creates serious problems for victims seeking justice.
Firstly, H.3430 permits blame-shifting loopholes by allowing the addition of non-parties on jury verdict forms. People or entities who aren’t even in the courtroom could be added and may never be held responsible, leaving victims to pick up the bill for medical costs, lost wages, and long-term financial hardships.
That undermines the very concept of accountability in our civil justice system.
Secondly, H.3430 does not include stronger penalties for drunken driving, a solution that would actually help lower liability rates.
South Carolina is currently ranked worst in the nation for DUI fatality rates, which is one of the reasons our liability rates are so high. An alternative reform bill, passed unanimously by the House, H.3497, included additional DUI penalties, but that bill ultimately did not pass the Senate.
Our state’s embarrassing DUI rates should be a wake-up call to legislators that something must be done, yet when given the opportunity to address this crisis, we did not, and H.3430 does nothing to deter drunken driving or help victims.
Finally, and perhaps most frustratingly, while H.3430 has been sold as a solution to skyrocketing insurance costs, there’s still no guarantee that premiums will go down — not for restaurant owners, not for consumers, not for anyone.
During weeks of testimony and debate, we did not see a single representative from the insurance industry testify that the proposed bill would guarantee lower rates.
What is guaranteed? That insurance companies will continue to grow their profits while facing less scrutiny and fewer obligations to the people they serve.
This bill didn’t fix a crisis. It simply passed the burden onto victims.
H.3430 was just the beginning; another threat to victims’ rights is already being planned.
But when the next attempt to undermine the protection of innocent South Carolinians is revealed, lawyers, victims, and small business owners will once again be ready to stand up and fight back, together.
We are closely watching other states, like Florida, where a state committee is now investigating whether insurers misled lawmakers by hiding billion-dollar profits while claiming extensive losses, which contributed to the passage of a sweeping tort reform package in 2023.
And we’re building even stronger support and alliances to fight for the rights of victims across our state. To the advocates, survivors, business owners, and everyday folks who stood up against the bill this year: thank you. Your calls, your testimony, and your engagement made a significant difference.
The fight for justice is far from over, but our commitment is deep-seated and unwavering.
The South Carolina Association for Justice and our partners will always fight for victims.
We will always stand for accountability. And we will never stop working to protect the rights of all South Carolinians.
Sydney Lynn is from Aiken. She earned her undergraduate degree from the University of South Carolina at Aiken and her law degree from the Charleston School of Law. She has been recognized by Best Lawyers in America since 2016 and was selected by the organization as the Columbia Insurance Litigation Lawyer of the Year in 2021. She serves as the president of the South Carolina Association for Justice (SCAJ), the state’s leading organization for trial lawyers. In addition to her organizational leadership, Sydney has played an instrumental role in SCAJ’s legislative advocacy. She has testified before lawmakers on behalf of the association.
