Relating to an affidavit required to be filed in a cause of action against certain licensed or registered professionals.
The bill aims to streamline litigation involving professional negligence claims, making it more challenging for plaintiffs to proceed without adequate expert testimony. By requiring a sworn affidavit from a peer in the same professional field, the law seeks to prevent frivolous lawsuits and to uphold the standards of professionalism within the architectural, surveying, and engineering sectors. This may particularly impact how legal practitioners prepare and present cases involving professional negligence.
SB1201 relates to the requirement of an affidavit in civil actions alleging professional negligence against certain licensed or registered professionals. Specifically, it mandates that in any such action, the plaintiff must submit an affidavit from a qualified third-party licensed professional—namely, an architect, land surveyor, or engineer—that specifies at least one negligent act and the factual basis for that claim. This requirement is intended to ensure that claims of negligence are supported by specialized knowledge to verify the validity of the allegations.
Potential points of contention surrounding SB1201 could arise from concerns that the requirement may hinder access to justice for plaintiffs who may lack the resources to obtain the necessary affidavits. Critics might argue that tightening these requirements could disproportionately affect individuals who are already at a disadvantage in legal proceedings, as they may struggle to meet the increased barriers to entry established by the bill. On the opposite side, proponents would likely argue that the law protects professionals from unjust claims and promotes accountability within the fields it governs.