June 28, 2011
By: Jeannie Park
This article is an interpretation of current law and is offered for informational purposes only. This material is not legal advice and should not be construed or used as a substitute for the advice of an attorney.
At 1:00 p.m. on June 28, 2011, Pennsylvania Governor Tom Corbett signed the Fair Share Act into law after the bill successfully passed the state House and Senate. Throughout the entire process, Governor Corbett has been a vocal proponent of the Act.
The new Act will apply to all causes of action that accrue on or after its effective date of June 28, 2011. Despite the fact that the Act will not have retroactive effect on current cases, it will quickly change the landscape of tort law in Pennsylvania by severely restricting the doctrine of joint and several liability for future claims. Specifically, it abolishes joint and several liability unless the defendant is liable for 60% or more of the total apportioned liability. The only wholesale exceptions to the law are for intentional torts, dram shop liability and environmental contamination liability.
