By Lex Hudson
Guest Commentary
I am a proud South Carolina native, born and raised in the Upstate, and I love this state with my whole heart. South Carolina isn’t just where I live—it’s part of who I am. It’s where I learned the value of hard work, where I built lifelong friendships, and where I’ve seen communities rally together in times of celebration and hardship alike. From small-town diners to family-owned bars and iconic live music venues, these businesses don’t just make up our economy—they make up our memories, our traditions, and the fabric of our lives. They are the places we go to unwind after a long day, where we celebrate milestones, and where we find a sense of belonging. That’s why it’s devastating to watch them struggle—not because of bad business decisions, but because of a legal system that sets them up to fail.
The Problem: An Unfair Legal System Hurting Small Businesses
South Carolina’s current joint and several liability laws can leave bars, restaurants, and venues vulnerable to massive financial burdens. While a business must be found negligent to be held liable, the reality is that once fault is assigned—even at a minimal level—the business can be forced to pay the entire verdict if the primarily at-fault party lacks the funds or insurance coverage to cover the damages.
This system creates a serious financial risk for small businesses, especially in the hospitality industry, where liability is often difficult to define. Proving that a bartender knowingly over-served an individual beyond the legal limit is already challenging, but under current law, bars and restaurants can still be targeted for a disproportionate share of damages simply because they have the means to pay. This drives up insurance premiums, forces settlements to avoid devastating verdicts, and ultimately puts businesses at risk of closing their doors for good.
The Devastating Impact on South Carolina Businesses
Because I have spent my entire life in South Carolina, I have witnessed firsthand the heartbreaking impact of this legal system. Over the years, I have watched longtime favorite bars, restaurants, and venues close—not because they failed their customers, but because they were trapped in an unfair legal climate. These weren’t just businesses; they were landmarks, gathering places, and sources of identity for entire communities.
It’s gut-wrenching to see the lights go out in a bar where generations have gathered. It’s painful to walk past an empty storefront where a family once poured their heart and soul into a business. Every time another small business shuts down, it feels like we are losing a part of our state’s identity. These are the places where we celebrate birthdays, first dates, reunions, and even the ordinary moments that make life beautiful. Their loss is more than just an economic blow—it’s a cultural one.
I refuse to stand by and watch more of these places disappear. That’s why passing S.244 is critical—not just for business owners, but for the future of South Carolina’s economy and culture.
The Solution: S.244 Brings Fairness Back to the Courts
S.244 – The South Carolina Justice Act introduces a “Fair Share” rule, ensuring that businesses are only responsible for damages that match their actual level of fault. This common-sense reform protects small businesses from being unfairly burdened by lawsuits they should never have to pay for while keeping the legal system fair for everyone. The opposition claims this bill is bad for consumers. That couldn’t be further from the truth. When businesses face fewer predatory lawsuits, they can keep costs lower, invest in their employees, and continue serving their communities. Reforming our legal system benefits everyone—except the lawsuit industry profiting from the status quo.
Why This Matters Now
This issue isn’t abstract—it’s happening to business owners across South Carolina every day. Many bars and restaurants are just one lawsuit away from shutting down. We’ve heard their stories. We’ve seen the financial and emotional toll. And we refuse to stand by while more businesses fall victim to this broken system.
With bipartisan support and backing from Governor Henry McMaster and Senate leadership, S.244 is a crucial step toward making South Carolina a business-friendly state that values fairness, economic growth, and community sustainability.
The Time to Act Is Now
The business community is watching. South Carolina voters are watching. And our lawmakers must take action.
We urge the South Carolina Senate to pass S.244 and put an end to the lawsuit abuse that has plagued our state’s small businesses for too long. This isn’t just about one industry—it’s about protecting the future of our economy and ensuring businesses can thrive without the constant threat of legal exploitation.
South Carolina has the opportunity to lead the way in legal fairness. Now is the time to stand with small businesses and pass S.244.
Lex Hudson represents the South Carolina Bar & Tavern Association.