SB 845 - Burlison, Eric
Provides that defendants in tort actions shall only be held severally liable and not jointly
Bill Details
Sponsor
Burlison, Eric
LR Number
4804S.01I
Title
SB 845
House Handler
N/A
Journal Page
Effective Date
August 28, 2020
Committee
Current Status
Second Read and Referred S Government Reform Committee
Quick Links
Amendments
No amendments available
CURRENT BILL SUMMARY
SB 845 - Currently, in all tort actions when a defendant is found to bear fifty-one percent or more of the fault then the defendant is jointly and severally liable for the judgment amount. This act states that the liability of each defendant for damages shall not be joint. Each defendant is liable only for the amount of damages in direct proportion to the defendant's percentage of fault.
The trier of fact shall consider the fault of all persons who contributed to the plaintiff's injury regardless of whether the person is a party to the suit.
Fault of a nonparty may be considered if the plaintiff entered into a settlement with the nonparty or if the defendant gives notice before trial that a nonparty was at fault. Findings of fact regarding the fault of a nonparty shall not subject the nonparty to liability or be introduced as evidence of liability in any action.
This act is substantially similar to HB 2242 (2020) and is similar to SB 678 (2018), a provision in SCS/SB 1102 (2018), SB 383 (2017), SB 736 (2016), HB 2287 (2016), SB 140 (2015), a provision in SCS/SB 589 (2014), SB 830 (2014), SB 846 (2014), SB 609 (2012), a provision in HCS/HB 1298 & 1180 (2012), SB 211 (2011), and HB 364 (2011).
KATIE O'BRIEN