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On Monday, April 4, the state House Judiciary Committee voted 15-10 along party lines to advance Fair Share Act legislation (H.B. 1), which would modify the unfair legal doctrine of joint and several liability.
Under joint and several, defendant named in a lawsuit can be held 100 percent responsible for monetary damages, even if that defendant is only minimally at fault for the damage or injury caused.

House Bill 1 is an effort to make liability more proportional to degree of fault, and it includes important exceptions if a defendant is: found liable for intentional fraud or tort; held liable for environmental hazards; held civilly liable as a result of drunk driving; or held more than 60 percent liable for the injury or loss.

Pennsylvania is one of only nine states that have not repealed or modified joint and several liability, the intent of which to “make victims whole” has been grossly distorted by greed. As a result unscrupulous trial lawyers search for defendants with “deep pockets,” regardless of their level of responsibility. Often this is done to force an out-of-court settlement, knowing that the fear of being held fully responsible for a large financial judgment despite being only minimally at fault – if at fault at all – leaves defendants with no other option.

House Bill 1 and its companions, Senate Bill 2, contain identical language as measures passed in 2002 and 2006, and include the same amended language that was added then to address concerns by opponents. As such, it is a fair and responsible measure designed to restore balance to financial liability.

The full House is expected to vote on the legislation on Monday, April 11.

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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.