SB 609 – Modifies comparative fault by eliminating joint liability and allowing consideration of any nonparty's fault

• Sponsor: Lembke
• LR Number: 4980S.01I
• Committee: Judiciary and Civil and Criminal Jurisprudence
• Last Action: 1/26/2012 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
• Journal Page: S160
• Effective Date: August 28, 2012

Current Bill Summary

SB 609 - This act modifies principles of comparative fault that apply to certain lawsuits. The act eliminates joint and several liability and provides that a defendant is only liable for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

The act requires a court to multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault. That amount the maximum amount recoverable against that defendant.

The act requires the judge or jury to consider the fault of all people who contributed to the injury or damages in assessing percentages of fault, including people who are not parties to the lawsuit. When fault is assessed against people who are not parties in the lawsuit, this assessment cannot be introduced as evidence of liability in any court case.

This act is identical to SB 211 (2011) and is similar to HB 1180 (2012), HB 1298 (2012) and HB 364 (2011).

MIKE HAMMANN