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.

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