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Business community seeks additional lawsuit abuse reforms
Commonsense bills would build on positive gains realized by Fair Share Act passage PA Chamber members' push for commonsense lawsuit abuse reform paid off in June 2011 with the enactment of the Fair Share Act. While the law is a great first step toward infusing balance and predictability into Pennsylvania's uncompetitive legal system, there is room for more improvement. When the legislature returns to session, job creators will be seeking progress on other aspects of its reform agenda – reforms that will bring Pennsylvania's legal climate more in line with other states that have recognized the economic importance of a justice system that promotes fairness, common sense and personal responsibility. Additional reforms being sought include statute of repose legislation, as proposed in H.B. 304 and S.B. 384, which would establish a reasonable time frame (15 years) after which a civil liability suit cannot be brought against a product that has outlived it reasonable, useful lifespan. Other reforms include: · "Innocent seller" legislation, as addressed in H.B. 803 and S.B. 383. These bills would ensure that a product seller that had no role in designing or manufacturing the product, and did not alter the product, would not be held liable in a lawsuit involving an allegedly defective product merely because the product passed through the company's hands. · Certificate of merit, as contained in H.B. 1419, which would extend certificate of merit requirements to encompass all professional avenues, and would stipulate that a lawsuit must be filed along with a signed statement from another industry professional in order for an individual's complaint to be substantiated. · "Apology legislation," as addressed in H.B. 495, which has already passed the House and is awaiting consideration in the Senate. This bill would allow a health-care provider to speak openly with or express remorse to patients or their families regarding an adverse medical outcome without the fear that their words or actions would be used against them in a future lawsuit. · Venue reform, H.B. 1552, would prevent plaintiff's attorneys from filing lawsuits in jurisdiction with a history of producing large jury awards, regardless of where the injury or damage took place. The legislation would require that a personal injury civil lawsuit only be brought in the county where the injury occurred. Pennsylvania's legal climate will help draw investment and businesses to the Commonwealth by allowing job creators to operate without fear of being the target of frivolous, meritless legal action by over-zealous personal injury attorneys. ### Founded in 1916, the Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association, with its membership comprising businesses of all sizes and across all industry sectors. The PA Chamber is The Statewide Voice of Business. |
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