Modifies provisions relating to determination of fault of parties and nonparties in civil actions
Impact
By establishing that all parties, including those who are not part of the trial, can have their fault assessed, SB1463 opens the door to a more comprehensive evaluation of fault in civil cases. The change reinforces that defendants can only be held jointly liable if they are found to bear over fifty percent of the fault, thus potentially easing the financial burden on those found minimally liable. This could lead to a broader application of joint and several liability principles in actions for wrongful deaths or injuries, which may affect the outcomes for plaintiffs seeking damages and for defendants facing claims.
Summary
Senate Bill 1463 aims to reconfigure the legal framework surrounding the determination of fault in civil actions, specifically in tort cases. This bill proposes the repeal of existing statutes and introduces new sections that mandate how fault should be assessed when multiple parties are involved in a claim. One of the significant changes is that the trier of fact will be required to allocate the fault among all involved parties, irrespective of whether these parties are present in court or have settled their liabilities prior to trial. This shift is anticipated to impact how damages are claimed and awarded in tort actions.
Contention
The bill has sparked notable debate, as proponents argue that it will promote fairness and accountability in tort actions by ensuring that fault is apportioned accurately among all responsible parties. However, critics raise concerns that these changes may complicate legal proceedings and prolong litigation, as the assessment of fault becomes more intricate with more parties involved. Additionally, opponents worry that this could dilute the ability of plaintiffs to recover damages by enabling more defenses to be raised in situations where fault is shared among multiple parties, potentially leading to lower compensation for victims.