A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(Formerly HSB 114.)
Impact
A significant aspect of HF201 is its limit on noneconomic damages that can be claimed from commercial vehicle operators to $1 million, regardless of the number of claims or defendants involved in the civil action. This cap on damages represents a shift from current practice, which allows for unlimited noneconomic damages in personal injury suits. The bill includes provisions to adjust this cap biannually for inflation, beginning in 2026, addressing potential changes in economic conditions that could affect the statute's applicability.
Summary
House File 201 addresses several aspects of tort law as it pertains to employer liability, particularly in cases involving commercial motor vehicles. The bill introduces provisions that shift the basis of employer liability in certain circumstances to focus on the doctrine of respondeat superior, thereby limiting the direct negligence claims against employers. If an employer stipulates that an employee's negligence occurred during the scope of their employment when operating a commercial motor vehicle, they are relieved from liability for direct negligence in hiring, training, or supervising that employee. This framework is designed to streamline liability claims against employers in the context of vehicle-related incidents.
Contention
Supporters of HF201 argue that these provisions will facilitate a more predictable legal environment for employers, particularly those in the commercial transportation sector. However, opponents express concerns that the limitations on liability could undermine accountability and access to damages for victims of negligence. Critics worry that by capping noneconomic damages and limiting claims against employers, the bill may disadvantage injured parties who rely on these compensatory damages to recover from serious accidents. They call for a more balanced approach that maintains victim protections while also addressing employer concerns.
Related
A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(See HF 201.)
Related
A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(See SF 228.)
IA SF228
Similar To
A bill for an act relating to tort liability, including employer liability and damages in civil actions involving commercial motor vehicles. (Formerly SSB 1114.) Effective date: 07/01/2023.
A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(See HF 201.)
A bill for an act relating to tort liability, including employer liability and noneconomic damages in civil actions involving commercial motor vehicles, and punitive or exemplary damages in civil actions generally.(See SF 228.)
A bill for an act relating to tort liability, including employer liability and damages in civil actions involving commercial motor vehicles. (Formerly SSB 1114.) Effective date: 07/01/2023.
A bill for an act relating to tort liability in civil actions involving commercial motor vehicles, including employer liability, noneconomic damages, punitive damages, and exemplary damages.
A bill for an act relating to tort liability in civil actions involving commercial motor vehicles, including employer liability, noneconomic damages, punitive damages, and exemplary damages.
Relating to civil liability of a commercial motor vehicle owner or operator, including the effect that changes to that liability have on commercial automobile insurance.
Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide