HB 1 - Comparative Negligence Provisions - Pennsylvania Key Vote


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Title: Comparative Negligence Provisions

Vote Smart's Synopsis:

Vote to a pass a bill that limits the liability of multiple defendants in civil suit damages.


  • Establishes standards for liability as follows in suits where liability is attributed to more than one defendant (Sec. 2):
    • Each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of that defendant's liability to the total amount of liability;
    • A defendant's liability in any of the following actions shall be joint and several, and the court shall enter a joint and several judgments in favor of the plaintiff and against the defendant for the total dollar amount awarded as damages:
      • Intentional misrepresentation;
      • An intentional tort;
      • Where a defendant has been held liable for not less than 60% of the total liability apportioned to all parties;
      • A release or threatened release of a hazardous substance; or
      • A civil action in which a defendant has violated the Liquor Code.
  • Where a defendant has been held jointly and severally liable and discharges by payment more than that defendant's proportionate share of the total liability, that defendant is entitled to recover contribution from defendants who have paid less that their proportionate share.