Joint and Several Liability Reform: Medical Liability: S. 83 (2005).
Specifies that if there are multiple defendants in a civil
Specifies that if there are multiple defendants in a civil action, joint and several liability does not apply to any defendant 50 percent or less responsible for the damages. Furthermore, specified that comparative fault is included in the calculation of total fault in the case. If the plaintiff is found to be greater than 50 percent responsible for the total fault, then the plaintiff is completely barred from recovering damages. A defendant found to be less than 50 percent responsible is only responsible for its proportional share of damages based on its percentage of liability. Retained the right of the “empty chair” defense where a defendant retains the right to assert that another potential tortfeasor, whether or not a party, contributed to the alleged damages and may be liable for any or all damages alleged by another party.
Latest News
View all news
Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic
Law Firms Spent $168M+ on 2.2M Ads in Georgia
Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems
Reports Reveal Influence of Trial Lawyers on New Jersey’s Legal Landscape
Two New Reports Analyze Legal Services Advertising Trends and Campaign Contributions
California Trial Lawyers’ Influence on Legal Landscape Exposed
Two New Reports Unveil Disturbing Trends in Legal Services Advertising and Plaintiffs’ Firms’ Political Contributions
New Reports Expose Trial Lawyers’ Grip on Nevada Politics and Legal Advertising Trends
In-depth analysis unveils trial lawyers’ staggering advertising and political spending, exposing tactics used to shape public opinion and legal outcomes.
Explosive New Reports Uncover Shocking Trends in Legal Advertising and Campaign Contributions in New York State
ATRA’s Latest Reports Reveal the Deep Ties Between Trial Lawyers and New York Politics