Pennsylvania’s “Fair Share” Act Makes Defendants Liable for Their Part of a Plaintiff’s Injuries and Damages
On June 28, 2011, Pennsylvania Governor Thomas Corbett signed The Fair Share Act into law, drastically changing the law of joint and several liability in Pennsylvania. Prior to the Fair Share Act, joint and several liability in Pennsylvania meant that if a defendant in a personal injury or wrongful death case was found at trial to be any percentage liable for the plaintiff’s injuries and damages, the plaintiff could collect the entire verdict from that defendant, regardless of what its percentage of liability was. For example, even if a jury found a particular defendant to be only 10% liable, the plaintiff could collect the entire verdict from that defendant. After paying the entire verdict, it was then up to that defendant to go after the other defendants who were also found partially liable and seek reimbursement.
The Fair Share Act, however, drastically changed this. Under The Fair Share Act, a plaintiff may now collect only the percentage of a total jury verdict that the defendant is found to be liable. For example, if a jury finds that same defendant in the example above 10% liable, the plaintiff will only be able to collect 10% of the total jury verdict from that specific defendant. There are, however, exceptions built into The Fair Share Act that will allow a plaintiff to collect the entire jury verdict from a single defendant in certain personal injury or wrongful death cases. The exceptions applicable to personal injury or wrongful death cases are: (i) where the defendant is found liable for intentional misrepresentation; (ii) where the defendant is found liable of an intentional tort; (iii) where the defendant is found at least 60% liable; or (iv) where the defendant has violated the Pennsylvania Liquor Code. If any one of these exceptions is satisfied, a plaintiff will be able to collect the entire jury verdict from that defendant.
The Pennsylvania Fair Share Act is something that must be considered by a plaintiff’s attorney at every stage of a case where the ability to collect from every potentially liable defendant is in question. Depending on the facts and defendants involved in any given case, theories of intentional misrepresentation, an intentional tort, or violations of the Pennsylvania Liquor Code should be explored as a potential avenue for overcoming The Fair Share Act. Otherwise, a plaintiff’s attorney should strategically litigate and try the case to get over the 60% exception to the Act. Like so many strategic decisions in the life of a case, hiring the wrong lawyer could be fatal to your case before it even begins. Contact our team of lawyers to help tackle these and other issues that arise in the fight to get you the compensation you deserve.