Bill Aimed at Undoing Limits to Pa. Fair Share Act Has a Tough Road Ahead
"We felt the need to make it clear once again that the Fair Share Act is to apply to all types of civil cases," Curt Schroder said, "not with any exceptions for instances where the plaintiff was not at fault at all or had no contributory negligence."
June 26, 2024 at 12:49 PM
5 minute read
What You Need to Know
- A bill pending in the Pennsylvania House aims to counteract recent appellate court rulings limiting the application of the Fair Share Act.
- Supporters of the bill contend it returns the act to its original intent.
- Some lawyers said the bill is unlikely to pass.
A bill pending in the Pennsylvania House of Representatives aims to undo the effects of recent case law significantly restricting the application of the Fair Share Act.
House Bill 2390 would expand the situations in which defendants are only be held liable for damages in proportion with their responsibility under Act 17 of 2011, often referred to as the Fair Share Act. The proposed changes directly counteract appellate court rulings from recent years that limited the instances in which defendants' liability is several rather than joint under the statute.
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