Title: Amends Liability Standards
Signed by Governor Earl Tomblin
Title: Amends Liability Standards
Vote to adopt a conference report that amends comparative fault standards and establishes a reallocation process for any uncollectible payments when multiple parties are involved.
Requires an action based on tort or legal theory seeking damages for personal injury, death, or property damage to be determined based on “comparative fault” (Art. 7).
Defines “comparative fault” as the degree to which an individual’s actions, such as negligence, malpractice, or product liability, are a proximate cause of a personal injury, death, or property damage (Art. 7).
Specifies that “comparative fault” is measured as a percentage on a scale of 0 to 100 (Art. 7).
Requires a defendant to be independently liable for the amount of compensatory damages directly proportional to his or her percentage of fault (Art. 7).
Specifies that the maximum amount recoverable against the defendant is the total amount of compensatory damages multiplied by the percentage of comparative fault (Art. 7).
Prohibits 2 or more defendants from being jointly liable in an action for damages, unless they consciously conspire and deliberately pursue a common plan to commit a tortious act (Art. 7).
Requires a defendant that commits 1 or more of the following acts to be jointly and severally liable (Art. 7):
Drives a vehicle under the influence of alcohol or drugs;
Criminal conduct causing the damages suffered by the plaintiff; or
Illegal disposal of hazardous waste.
Authorizes any uncollectible amount from a liable defendant to be reallocated to other liable parties according to their percentages of fault (Art. 7).
Title: Amends Liability Standards
Vote to pass a bill that amends the comparative fault standard to determine to what degree an individual is liable for certain damages.
Title: Amends Liability Standards
Vote to pass a bill that amends the comparative fault standard to determine to what degree an individual is liable for certain damages.
NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.
Title: Amends Liability Standards