See other bills
under the
same topic
PRINTER'S NO. 3264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2390
Session of
2024
INTRODUCED BY KAUFFMAN, KLUNK, SMITH, PICKETT AND DIAMOND,
JUNE 7, 2024
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 2024
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to civil actions and proceedings, further providing
for comparative negligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102 heading, (a), (a.1), (a.2) and (c.2)
of Title 42 of the Pennsylvania Consolidated Statutes are
amended to read:
ยง 7102. [Comparative negligence] Fair share of liability.
(a) General rule.--In all actions brought to recover damages
for negligence resulting in death or injury to person or
property, the fact that the plaintiff may have been [guilty of
contributory negligence] contributorily negligent shall not bar
a recovery by the plaintiff or [his] the plaintiff's legal
representative where such negligence was not greater than the
causal negligence of the defendant or defendants against whom
recovery is sought, but any damages sustained by the plaintiff
shall be diminished in proportion to the amount of negligence
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
attributed to the plaintiff.
(a.1) Recovery against joint defendant; contribution.--
(1) [Where recovery is allowed against more than one
person] In an action to recover damages for death or injury
to a person or property, including [actions] an action for
strict liability[, and where liability is attributed to more
than one defendant,] and an action in which the plaintiff has
not been found contributorily negligent, each defendant shall
be liable for that proportion of the total dollar amount
awarded as damages in the ratio of the amount of that
defendant's liability to the amount of liability attributed
to all defendants and other persons to whom liability is
apportioned under subsection (a.2). Liability in a tort
action, including an action for strict liability, shall be
apportioned on a percentage basis.
(2) Except as set forth in paragraph (3), a defendant's
liability shall be several and not joint, and the court shall
enter a separate and several judgment in favor of the
plaintiff and against each defendant against whom strict
liability or negligence is assessed for the apportioned
amount of that defendant's liability.
(2.1) In an exposure-related tort case involving two or
more persons that combine to cause an indivisible injury,
including an asbestos case, the trier of fact shall apportion
liability based on the relative contribution of each person
to the plaintiff's dose of exposure, as assessed by a jury
based upon admissible fact and expert testimony.
(3) A defendant's liability in any of the following
actions shall be joint and several, and the court shall enter
a joint and several judgment in favor of the plaintiff and
20240HB2390PN3264 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
against the defendant for the total dollar amount awarded as
damages:
(i) Intentional misrepresentation.
(ii) An intentional tort.
(iii) Where the defendant has been held liable for
not less than 60% of the total liability apportioned to
all parties.
(iv) A release or threatened release of a hazardous
substance under section 702 of the act of October 18,
1988 (P.L.756, No.108), known as the Hazardous Sites
Cleanup Act.
(v) A civil action in which a defendant has violated
section 497 of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code.
(4) Where a defendant has been held jointly and
severally liable under this subsection and discharges by
payment more than that defendant's proportionate share of the
total liability, that defendant is entitled to recover
contribution from [defendants who] liable persons that have
paid less than their proportionate share. Further, in any
case, any defendant may recover from any other person all or
a portion of the damages assessed that defendant pursuant to
the terms of a contractual agreement.
(a.2) Apportionment of responsibility among certain
nonparties and effect.--For purposes of apportioning liability
only, the [question of] liability of any defendant or other
person [who has entered into a release with the plaintiff with
respect to the action and who] that is not a party shall be
transmitted to the trier of fact upon appropriate requests and
proofs by any party. A person whose liability may be determined
20240HB2390PN3264 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
pursuant to this section does not include an employer to the
extent that the employer is granted immunity from liability or
suit pursuant to the act of June 2, 1915 (P.L.736, No.338),
known as the Workers' Compensation Act. An attribution of
responsibility to any person or entity as provided in this
subsection shall not be admissible or relied upon in any other
action or proceeding for any purpose. Nothing in this section
shall affect the admissibility or nonadmissibility of evidence
regarding releases, settlements, offers to compromise or
compromises as set forth in the Pennsylvania Rules of Evidence.
Nothing in this section shall affect the rules of joinder of
parties as set forth in the Pennsylvania Rules of Civil
Procedure.
* * *
(c.2) Savings provisions.--Nothing in this section shall be
construed in any way to create, abolish or modify a cause of
action or to limit a party's right to join another potentially
responsible party[.], except that this section abrogates the
common law governing apportionment of liability among joint
tortfeasors in strict liability actions.
* * *
Section 2. This act shall apply to all causes of action that
accrue after the effective date of this section.
Section 3. This act shall take effect in 60 days.
20240HB2390PN3264 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24