The Florida Legislature took an important step toward making its civil justice system more equitable by repealing the doctrine of joint and several liability, according to the Property Casualty Insurers Association of America.
Joint and several liability allows a disproportionate level of liability regardless of level of fault in a matter. A defendant can be held liable for full damages even if they are only marginally responsible for an injury. House Bill 145 removes exceptions that permit “joint and several liability,” rather than proportional liability based on percentage of fault.
“This legislation will bring greater equity to the civil justice system by holding those most at fault responsible for their proper share of the damages,” William Stander, PCI assistant vice president and regional manager, said. “This is important reform because it helps stop litigants from targeting insurers, corporations and anyone thought to have ‘deep pockets.’
“A recent study ranking state liability systems showed that Florida’s ranking in legal fairness improved from 42nd to 38th this year, but it is still in the bottom third.
“These reforms restore the overall predictability of the civil justice system and that is crucial to creating a stable insurance marketplace, which in turn is necessary for a healthy business economy,” Stander said.
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