Provides that defendants in tort actions shall only be held severally liable, rather than jointly liable
If enacted, this law would fundamentally alter how damages are assessed and awarded in tort cases across Missouri. By shifting to a system of several liability, the bill aims to mitigate the financial burden on defendants who are found to be less at fault, thus establishing a clearer framework for fault allocation in jury assessments. Proponents argue that this change could decrease the extent of damages awarded in many cases, particularly those involving multiple defendants, leading to a more equitable outcome for all parties involved.
Senate Bill 821 seeks to make significant changes to the liability structure in tort actions within the State of Missouri. The bill proposes that defendants found to be partially at fault for an injury will only be responsible for damages proportional to their fault, rather than facing joint liability with other defendants. This amendment is designed to align with the principle of proportional fault, ensuring that each defendant pays only for their own level of responsibility rather than sharing liability collectively, which is particularly relevant in cases where multiple parties may be involved in contributing to an injury or damage claim.
However, the bill is not without controversy. Critics of Senate Bill 821 argue that shifting liability to a several basis could lead to unjust outcomes for plaintiffs, as it may leave injured parties with insufficient compensation when defendants' financial contributions are minimized based on their assessed fault. Additionally, there are concerns that the change may incentivize less accountability among defendants, leading to a decrease in the thoroughness of safety and operational standards across businesses if they believe they carry less risk of financial consequence. The discussions surrounding this bill illustrate a significant divide in approaches to tort reform and accountability in the state.