Florida Passes Joint-Several Liability Reform

Florida Gov. Jeb Bush is expected to sign a joint and several liability reform bill that on Thursday received its final Legislature approval.

With the approval of HB 145, Florida replaces joint and several liability with proportionate liability, in which defendants are responsible for their relative share of the damages in question.

“Hopefully we can now move away from the long-standing litigation lottery mentality that has prevailed for years in Florida courts, as plaintiffs' lawyers sought to find the defendant with the deepest pockets,” said Cecil Pearce, American Insurance Association vice president.

Mr. Pearce said Republican Gov. Bush is expected to sign the legislation after making it his top tort reform priority in his final year in office.

Joint and several liability reform has also been a top priority for the insurance industry this past year. A similar bill was passed in Pennsylvania earlier this month, but was vetoed by Democratic Gov. Edward Rendell. Republicans control both houses of the Legislature in both Florida and Pennsylvania.

Mr. Pearce noted that under joint and several liability, all defendants are responsible for any damages. Under proportionate liability, the exact percentage of liability a particular defendant holds is a question for either a judge or jury to decide at trial, he said.