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Legal reform is an issue that
directly impacts South Carolina's business climate. In a recent
survey, eighty one percent of the US businesses reported that a
state's litigation environment could affect important business
decisions such as where to locate or do business.
In 2006, the State Liability Systems
Ranking Study conducted for the US Chamber of Commerce explored
how US businesses perceived the fairness and reasonableness of
each states tort system, ranking all 50 states. South Carolina
is ranked 42nd.
This year, there are four
southeastern states that rank ahead of South Carolina: Virginia
- 3rd, North Carolina - 10th, Tennessee - 29th, and Georgia -
27th. North Carolina, Georgia and Virginia have all enacted
punitive damages caps and appeal bond reform. Tennessee has
adopted appeal bond reform but not caps.
Also, the Pacific Research Institute
ranks South Carolina 36th in their 2006 US Tort Liability Index.
Viriginia was ranked 8th, North Carolina 9th and Georgia
received a ranking of 10th.
South Carolina's neighboring states
and the majority of the nation has a better litigation
environment making those states more competitive. The South
Carolina Civil Justice Coalition vision for the next five years
must address this issue and seek to improve our ranking and
reputation with the US business community.
The South Carolina Civil Justice
Coalition's vision must be flexible in order to accommodate the
rapidly-changing business and legal landscape. However, the
following goals reflect the foundation and core components for
our vision:
On an annual basis South Carolina
needs to improve our litigation environment by adopting
meaningful reforms to ensure a fair and balanced legal system.
Presently issues such as caps on punitive and non-economic
damages, workers' compensation reform and appeal bond caps have
been identified as issues that must be enacted into law to close
the gap with North Carolina and Georgia.
South Carolina should move from the
"worst" states category in the US Chamber rankings to the
"moderate" states category.
South Carolina should be ranked in
the Top 25 states in the State Liability Systems Rankings
improving South Carolina's standing against the nation.
South Carolina should be removed
from the American Tort Reform Foundation's Judicial Hellhole
Report. This goal was achieved. The American Tort Reform
Foundation removed Hampton County, South Carolina from its
Judicial Hellhole list in December 2005 due to passage of venue
reform in March 2005. |
