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House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | December 1, 2023 10:46 AM |
|---|---|
| From: | Representative Rob W. Kauffman |
| To: | All House members |
| Subject: | Making the Fair Share Act fair again |
| I will soon be introducing legislation that restores the Fair Share Act to the balanced liability apportionment law that it was designed to be. In 2011, I was proud to cast a vote in favor of the Fair Share Act. This law struck a careful balance between compensating bona fide victims with allocating the liability costs for an injury lawful justly among a group of defendants. Defendants were still financially incentivized to act safely; plaintiffs were still made whole; and very large companies (and employers) were not unfairly targeted just to bankroll enormous verdict payments when their liability was minimal. Over the years that followed the enactment of the Fair Share Act, Pennsylvania's increasingly pro-liability Supreme Court majority has rolled back the clear intent of the law. First, they said juries were incapable of allocating damages among multiple defendants in asbestos cases. Then, another Pennsylvania appellate court held that the Fair Share Act only applies if the plaintiff was also negligent in some manner. My bill will correct these judicial overreaches by restoring the Fair Share Act to its original intent, balancing fairness to defendants with full compensation to plaintiffs. My bill ensures that juries can allocate fault among defendants in proportion to each party's percentage of responsibility. So those most responsible for the injury pay the most, disincentivizing them from unsafe conduct. It also requires allocation of responsibility regardless of whether the plaintiff also gets blamed for any amount of negligence. And finally, my bill will strengthen the Fair Share Act by allowing juries to allocate fault to anyone who the jury finds contributed to the plaintiff's injury . Please join me in sponsoring this legislation to help keep our civil justice system just for everyone. |