Relating To Abolition Of Joint And Several Liability For Government Entities In Highway-related Civil Actions.
Impact
Should this bill pass, it will significantly alter the legal landscape concerning liability in tort claims against government entities involved in highway maintenance and design. By limiting their financial exposure, supporters argue that this could reduce the likelihood of excessive settlements against government entities, consequently protecting taxpayer resources. The bill specifically targets claims related to highway features, including guardrails, street signs, and related infrastructure, intending to clarify the scope of liability in highway-related civil actions.
Summary
House Bill 2349 proposes the abolition of joint and several liability for government entities in highway-related civil actions. The primary objective of this bill is to amend section 663-10.5 of the Hawaii Revised Statutes, ensuring that government entities are liable only for the percentage of damages that they themselves are found responsible for, rather than facing potential liability for the total damages incurred alongside other tortfeasors. This reform aims to create a more equitable distribution of financial responsibility among various parties involved in such claims.
Contention
Opposition to HB 2349 may arise from concerns that limiting liability for government entities could undermine accountability. Critics may argue that such reforms could lead to insufficient incentives for maintenance and safety standards, as government bodies may feel less pressure to ensure their infrastructure meets high safety standards when their financial liabilities are capped. The discussions surrounding this bill will likely highlight the balance necessary between protecting public funds and ensuring public safety in highway maintenance.