Gov. Bush Signs Fla. Lawsuit Reform Bill

Florida Gov. Jeb Bush signed legislation yesterday changing the state statute that made it possible for a party in a multidefendant lawsuit to be forced to pay the total cost of a verdict regardless of how much they were at fault.

Gov. Bush said the law eliminating joint and several liability ensures people and businesses will pay for the injury and loss they cause according to responsibility, rather than financial ability. He made it his top litigation reform priority for the year.

"The scales of justice have been balanced," said William Stander, assistant vice president and regional manager for PCI. "This is an important step forward that will improve the business environment and restore fairness to the civil justice system."

The joint and several liability law that the new measure changes allowed a level of liability to be assessed to a defendant regardless of level of fault in a matter. Under that legal concept, a defendant could be held liable for full damages even if they were only marginally responsible for an injury.

House Bill 145 removes exceptions in Florida law that permit "joint and several liability" rather than proportional liability based on percentage of fault.

Florida joins nearly two dozen states that have eliminated joint and several liability laws from the books.

Earlier this year, the Republican-controlled Pennsylvania Legislature passed such a measure, but it was vetoed by Democratic Gov. Edward Rendell, who said it tipped the balance in favor of industry too much.