Relating To Abolition Of Joint And Several Liability For Government Entities In Highway-related Civil Actions.
Impact
Should SB3038 be enacted, its impact on state laws would be significant, particularly in how claims against government entities are handled. By shifting the liabilities, victims of highway-related incidents may face challenges in recovering full damages, depending on the degree of fault assigned to government entities. The bill aims to limit governmental financial exposure while responding to concerns regarding the incentivization of litigation against the state. However, this could also raise concerns regarding victims' rights and their ability to seek redress in cases where multiple parties are involved.
Summary
SB3038 proposes the abolition of joint and several liability for government entities in civil actions related to highway maintenance and design. The bill amends section 663-10.5 of the Hawaii Revised Statutes, ensuring that government entities will be liable only for their respective percentage share of the damages in cases where they are found to be tortfeasors alongside other parties. This legislation specifically pertains to cases involving highway-related devices such as guardrails, utility poles, and directional signs, emphasizing a more equitable allocation of liability based on the percentage of fault.
Contention
Notable points of contention surrounding SB3038 may arise from differing opinions on how joint liability functions in a legal context. Proponents of the bill argue that it is a necessary reform that prevents government entities from facing disproportionate financial burden in civil cases. Critics, however, may contend that abolishing joint and several liability undermines the ability of accident victims to recover adequate compensation, especially in cases where government negligence has contributed to their injuries. This debate will likely center on the balance between protecting government resources and ensuring fair access to justice for citizens affected by highway-related incidents.