Ohio Gov. Will Sign Bill To Limit Liability

NU Online News Service, Dec. 10, 4:18 p.m. EST?A bill backed by insurers that would set new limits on how much can be recovered from defendants in a lawsuit will be signed into law by Ohio Republican Gov. Bob Taft, his staff said today.

Unless the measure has been substantially changed since its introduction during the legislative process, "he plans to sign it," said Aaron Mclear, a spokesman for the governor.

The American Insurance Association said the measure (SB 120), which won final approval last week, will close "a costly loophole in Ohio's tort law system?"

Provisions of the bill revise the state's joint and several liability laws. Under current Ohio law, a defendant who is found responsible for only a small fraction of the conduct that is the basis for a lawsuit can be forced to pay all of the compensatory damages to a plaintiff.

"The passage of this legislation is an important step in restoring some common sense to Ohio's tort law system," said Paul Blume, Jr., AIA's vice president for the Midwest region.

Mr. Blume said AIA commended "the members of Ohio's business community for their dedication to getting this bill passed, and we join them in urging Gov. Taft to sign this bill."

The bill changes joint and several liability laws by specifying that in order for a defendant to be jointly and severally liable for all compensatory damages in a lawsuit, more than 50 percent of the tortious conduct must be attributable to that defendant. If 50 percent or less of the tortious conduct is attributable to a defendant, then the defendant would only be liable for its proportionate share of the compensatory damages.

"Too often, we have seen defendants found to have only a tangential degree of fault held liable for the entire compensatory judgment. This unfair practice has cost millions of dollars, hurting Ohio businesses and their employees," Mr. Blume said. "If the governor signs this bill, those days, thankfully, will be over, and a measure of fairness will be returned to Ohio's tort system."

In addition, the measure:

? Makes proportionate liability the rule, rather than the exception.

? Changes Ohio law by requiring courts and juries to determine the relative fault or responsibility of all persons, not just those the plaintiffs chose to sue or those still involved in the litigation as defendants at the time of the trial.

? Requires the trier of fact to consider the relative fault of all persons from whom the plaintiff seeks recovery as well as "persons from whom the plaintiff does not seek recovery in this action."

? Amends Ohio's product liability law by expanding the application of comparative fault principles to all product liability claims.

? Requires courts and juries to consider the contributory negligence or other contributory conduct of the plaintiff in determining whether the defendant is liable on a product liability claim.

? Retains current Ohio law that provides that a plaintiff's assumption of the risk is a complete bar to recovery for product liability claims brought under Ohio's product liability statutes.

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Ohio Gov. Will Sign Bill To Limit Liability

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