What Happened to Joint and Several Liability in Pennsylvania?

On June 28, 2011, Governor Corbett signed the “Fair Share Act” which eradicated traditional Joint and Several Liability for accident victims.  Prior to that law, Pennsylvania was a pure Joint and Several Liability State.  Before the enactment of the Fair Share Act, a successful Plaintiff could recover full value of an injury against any liable defendant.  This aided an injury victim who was injured by defendant who did not have deep pockets.

The new Fair Share Act, with exceptions, requires that each defendant pay only that portion of the verdict that corresponds to his or her share of liability in an accident.  For example, a defendant that is 25% negligent will pay only 25% of the verdict.

There are, however, five exceptions that still permit collection of the judgment in excess of his or her accessed share.

  • First, any defendant found at least 60% liable.
  • Second, where there is a claim for an intentional misrepresentation.
  • Third, where there is a claim for an intentional tort.
  • Fourth, in lawsuits concerning intentional or threatened release of hazardous substances.
  • Fifth, in lawsuits alleging violations of section 497 of the Liquor Code relating to liability of liquor licensees.

While much of the law concerns common sense propositions that guide the conduct of all of us, when you are injured in a car accident, your recovery often depends upon the skill of your trial lawyer.  At Geoffrey B. Gompers & Associates, we have the knowledge, experience and skill to guide you to a successful result.  Our consultations for car accidents are free and we offer the lowest rates around.  And you pay nothing unless we collect.  Call us today at 215-567-6600 or contact us online for a free car accident consultation.