Personal Injury Law

Eliminating Joint and Several Liability in PA Will Curtail Victims' Rights

By Michael Schafle

What is Joint and Several Liability?

Joint and several liability is a common law doctrine that permits a victim to recover 100% of his her damages from one defendant in a situation where his or her injuries were caused by several defendants. Under joint and several liability, in a instance where a victim is injured by the negligence of two separate and distinct culpable entities, the plaintiff may seek all of his or her damages from one of the culpable parties. That culpable party may then seek contribution from the other culpable party for their share of damages. Joint and several liability is crucial to protect victims from being undercompensated in situations where a culpable defendant cannot afford to pay its share of proportionate liability.

Current State of Law in Pennsylvania

Currently, courts in the Commonwealth of Pennsylvania follow the doctrine of joint and several liability. However, some of Pennsylvania's lawmakers are pushing to replace common law joint and several liability with a pro-defendant substitute known as the Fair Share Act. The Fair Share Act provides that a defendant would be required to pay damages equal to its share of responsibility as determined by a jury if found less than 60% liable for a plaintiff's injuries. The passing of the Fair Share Act would display a clear policy shift on the part of the state government away from protecting victims' rights towards protecting the economic interests of corporate and individual culpable defendants.

Who Benefits from the Fair Share Act?

Quite simply, not the innocent victims of corporate and individual negligent conduct. For example, under the Fair Share Act, if a victim was rendered paralyzed in an automobile accident where one solvent defendant was determined to be 10% responsible and an insolvent defendant was determined to be 90% responsible, the victim would only be able to recover 10% of her damages. In a situation where the victim did nothing to bring about her injuries and suffering does it make sense that he or she should be required to incur the additional 90% of her medical expenses, lost wages, and other damages? It would certainly render countless victims incapable of being fully compensated for damages caused through no fault of their own. The beneficiaries are the proposed Fair Share Act clearly not the victims.

Conclusion

The passage of the Fair Share Act will result in undercompensated victims and families, wealthier corporations and insurance companies, and diminished access to the court system for lower and middle class Pennsylvanians. Any savings that the Act creates for insurance companies and corporations will not pass on to consumers through decreases in prices or premiums. Instead, the savings will only make those companies wealthier at the cost of victims' rights.

Full post as published by Phoenix Personal Injury Lawyer on February 09, 2011 (boomark / email).