HARRISBURG, Pa.—The Pennsylvania Legislature has passed a bill that would ensure civil defendants only pay damages they are found to be directly responsible for in most lawsuits.
Under S.B. 435, also known as the "Fair Share Act," a defendant found negligent or strictly liable for an injury would be responsible only for his or her share of the total damages awarded to compensate the plaintiff, in most circumstances.
The aim of the bill is to abolish the doctrine of joint and several liability, which states that each defendant in a legal action is responsible for the entire amount of damages that a plaintiff is seeking, regardless of their relative degree of responsibility for the damages involved. Joint and several liability, though, would still apply in certain situations, such as when the defendant is found at least 60% liable or in a case involving an intentional tort or an intentional misrepresentation.
The Washington-based American Insurance Assn. praised the bill, saying it would ensure defendants only have to pay their fair share of damages.
The bill is substantively identical to a previous tort reform measure that was declared unconstitutional by a Pennsylvania court last year because it was added to a bill related to DNA testing of offenders, violating a state law that each bill should address a single subject.
The new bill will be sent to Pennsylvania Gov. Ed Rendell, who has expressed support for the concept of the Fair Share Act. A spokesman for Sen. Jake Corman, R-34, the sponsor of the bill, said he would be surprised if the governor vetoed the bill, given his past support, but that another court challenge would not be surprising.
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