Document Category:
State: Pennsylvania
Subject Matter: Joint & Severable Liability
Document Title:
Comments:

Today,
Pennsylvania Governor Tom Corbett signed into law the Fair Share Act,
which significantly limits the age-old Commonwealth doctrine of joint
and several liability.

Under
the prior law, all defendants found negligent in causing injury to a
person or property, could be required by plaintiff to satisfy the entire
award.  It is then up to the paying defendant to seek recovery of its
non-proportional share from the remaining defendants.  Under this
doctrine, a deep-pocket person or entity could be found 1% negligent,
but responsible for the entire award if it were the only defendant with
the financial means to pay the award.

 

Under
the Fair Share Act, defendants found to be less than 60% at fault would
not have to pay more than their proportional share of the damages
awarded.  Joint and several liability will continue to apply only in the
following circumstances:

·         Where there is an intentional misrepresentation;

·         an intentional tort;

·         the defendant’s proportional share of liability is found to be 60% or greater;

·         certain environmental claims; and

·         violations of the Pa liquor code.

 

Should you have any questions, please feel free to contact me.

 

Best Regards,

 

Bill

 

William J. Mundy, Esquire

Burns, White

100 Four Falls, Suite 515
1001 Conshohocken State Road
West Conshohocken, PA 19428

Telephone: (484) 567-5700

Direct:       (484) 567-5720

Cell:          (610) 256-8099
Facsimile:  (484) 567-5701

e-mail        wjmundy@burnswhite.com

Web:         www.burnswhite.com

 

 


Document Author: William Mundy
Firm/Company: Burns White
Document Date: June 28 2011
Search Tags: joint severable liability
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