The Florida Legislature took another important step toward making its civil justice system more equitable by repealing the doctrine of joint and several liability, according to the Property Casualty Insurers Association of America.
Joint and several liability provisions allow a disproportionate level of liability to be assessed to a party regardless of level of fault in a matter. Under this legal concept, a defendant can be held liable for full damages even if they are only marginally responsible for an injury. House Bill 145 removes exceptions in Florida law that permit “joint and several liability” rather than proportional liability based on percentage of fault.
“This legislation will bring greater equity to the civil justice system by holding those most at fault responsible for their proper share of the damages,” William Stander, assistant vice president and regional manager for PCI said. “This is an important reform because it helps to stop litigants from targeting insurers, corporations and others that are thought to have ‘deep pockets.’ As Florida lawmakers continue to enact meaningful tort reform, the state’s economic business climate will benefit.
A recent study ranking state liability systems across the country showed that there is a need in Florida for additional tort reform. The study showed that while Florida’s ranking in legal fairness improved from 42nd to 38th this year, the state is still in the bottom third of the country.
PCI remains committed to working with lawmakers and business coalitions to obtain a more balanced and cost effective tort system. These reforms restore the overall predictability o the civil justice system and that is crucial to creating a stable insurance marketplace, which in turn is necessary for a healthy business economy,” said Stander.
Joint and several liability reform was a top priority for House Speaker Allan Bense, Senate President Tom Lee, and the sponsors, Rep. Don Brown and Sen. Dan Webster. Gov. Jeb Bush has also been instrumental in advancing tort reform and has said he will sign this legislation.
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