Pa. Gets A Fair Share Liability Law

By E.E. Mazier

NU Online News Service, June 20, 11:34 a.m. EST?Acting speedily, Pennsylvania Gov. Mark Schweiker put his signature on a tort reform bill yesterday that changes the way liability and damages are apportioned among multiple defendants in civil cases.

Mr. Schweiker signed the legislation into law just one day after Senate Bill 1089 won passage.

The provision for reform of the joint and several liability method of awarding court damages was tacked onto SB 1089, which mostly addresses DNA testing.

Under the previously existing law, after a verdict a plaintiff could choose the defendant with the "deepest pocket" to pay all of the damages even if that defendant was only minimally responsible for the damages.

Pennsylvania's new "Fair Share" law states that each defendant is liable only for his or her share of the damages in proportion for his or her liability.

One exception is in cases where the defendant was 60 percent or more at fault, or is found liable for intentional misrepresentation or some other intentional tort. Other exceptions are for certain environmental claims and violations of the liquor code.

In the view of the Alliance of American Insurers, Downers Grove, Ill., the new law will increase the fairness of how liability is allotted and will encourage a fairer tort system in Pennsylvania.

"By apportioning payment in accordance with responsibility, this reform will result in a more equitable spread of costs among defendants in a civil suit," said Neil Malady, Alliance Mid-Atlantic regional manager.

Mr. Malady called the joint and several doctrine of liability "a relic of the traditional contributory negligence system that has been discarded in most jurisdictions."

He said that Gov. Schweiker and the legislature have recognized that the joint and several doctrine of liability "has caused businesses to have second thoughts about economic development in Pennsylvania."

The Alliance said it believes the new law places the Commonwealth "on a path for improved economic vitality," Mr. Malady said.

The American Insurance Association, Washington, D.C., also praised the Fair Share law.

"AIA commends the Pennsylvania legislature for taking the first step toward reducing lawsuit abuse," said Taylor Cosby, AIA vice president, mid-Atlantic region.

He said that under the old law, the Pennsylvania court system had become "a lawsuit lottery" that placed Pennsylvania businesses at a distinct economic disadvantage with other states.

Special Reports /

Pa. Gets A Fair Share Liability Law

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