S 940

South Carolina General Assembly
126th Session, 2025-2026
Bill 940
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 15-73-10, RELATING TO THE LIABILITY OF A SELLER FOR SELLING A DEFECTIVE
PRODUCT, SO AS TO DEFINE NECESSARY TERMS; AND BY AMENDING SECTION 15-73-30,
RELATING TO THE INTENT OF CHAPTER 73 CONCERNING THE LIABILITY OF A SELLER FOR
SELLING A DEFECTIVE PRODUCT, SO AS TO PROVIDE LIMITATIONS ON THE LIABILITY OF A
DISTRIBUTOR, WHOLESALER, DEALER, RETAILER, OR SELLER OF A DEFECTIVE PRODUCT.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Sections 15-73-10 and 15-73-30 of the S.C. Code are
amended to read:
    Section
15-73-10.  (1) One who sells any product in a defective condition
unreasonably dangerous to the user or consumer or to his property is subject to
liability for physical harm caused to the ultimate user or consumer, or to his
property, ifFor the purposes of this chapter:
    (1)(a) "Product liability action" means
any action brought by a claimant for personal injury, death, or property damage
caused by the manufacture, construction, design, formula, preparation,
assembly, installation, testing, warnings, instructions, marketing, packaging,
or labeling of a manufactured product when the action is based upon:
  (a)(i) The
seller is engaged in the business of selling such a product, andnegligence
  (b)(ii) It is expected to and does reach the user or consumer without
substantial change in the condition in which it is sold.innocent or negligent misrepresentation;
  (iii) strict product liability
doctrine;
  (iv) the breach of any implied
warranty; or
  (v) the breach of any oral express
warranty.
       (b) A product liability action does not
include an action for contribution or indemnity.
    (2) The rule stated in subsection (1) shall apply although"Distributor" means any distributor, wholesaler, dealer,
retailer, or seller of a product, or an individual or business entity using a
product in the production or delivery of its products or services.
       (a) The seller has exercised all
possible care in the preparation and sale of his product, and
       (b) The user or consumer has not bought
the product from or entered into any contractual relation with the seller.
    Section
15-73-30.  (A) Comments to § 402A of the
Restatement of Torts, Second, are incorporated herein by reference thereto as
the legislative intent of this chapter.No product
liability action may be asserted or may be provided a claim for relief against
any distributor, wholesaler, dealer, retailer, or seller of a product, or an
individual or business entity using a product in the production or delivery of
its products or services unless:
       (1) the distributor, wholesaler,
dealer, retailer, or seller of a product, or an individual or business entity
using a product in the production or delivery of its products or services is
also the manufacturer or assembler of the final product and the act of
manufacturing or assembling the final product is causally related to the
product's defective condition; or
       (2) the distributor, wholesaler,
dealer, retailer, or seller of a product, or an individual or business entity
using a product in the production or delivery of its products or services
altered or modified the product, and the alteration or modification of the
product was a substantial factor in causing the harm for which recovery of
damages is sought.
    (B) Notwithstanding the provisions
contained in subsection (A), if a claimant is unable to identify the
manufacturer of an allegedly defective and unreasonably dangerous product
following a good faith exercise of due diligence, then a product liability action
may be brought against a distributor, wholesaler, dealer, retailer, or seller
of a product, or an individual or business entity using a product in the
production or delivery of its products or services. The claimant shall provide
an affidavit certifying that the claimant, or his legal counsel, has in good
faith exercised due diligence but has been unable to identify the manufacturer
of the allegedly defective and unreasonably dangerous product.
    (C) In a product liability action
brought pursuant to subsection (B) against a distributor, wholesaler, dealer,
retailer, or seller of a product, or an individual or business entity using a
product in the production or delivery of its products or services, the
distributor, wholesaler, dealer, retailer, or seller of a product, or an
individual or business entity using a product in the production or delivery of
its products or services, upon answering the complaint or otherwise pleading,
may file an affidavit certifying the correct identity of the manufacturer of
the product that allegedly caused the claimant's injury. Once the claimant has
received an affidavit, the claimant shall exercise due diligence to file an
action and obtain jurisdiction over the manufacturer. Once the claimant has
commenced an action against the manufacturer, and the manufacturer has or is
required to have answered or otherwise pleaded, the claimant shall voluntarily
dismiss all claims against the distributor, wholesaler, dealer, retailer, or
seller of a product, or an individual or business entity using a product in the
production or delivery of its products or services unless the claimant can
identify prima facie evidence that the requirements of subsection (A) for
maintaining an action against a distributor, wholesaler, dealer, retailer, or
seller of a product, or an individual or business entity using a product in the
production or delivery of its products or services are satisfied.
SECTION 2.  The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide.  After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.
SECTION 3.  If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.
SECTION 4.  This act takes effect upon approval
by the Governor.
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This web page was last updated on February 19, 2026 at 11:42 AM