SB 381 - Currently, in all tort actions, a defendant who bears less than fifty-one percent of the fault shall only be liable for the percentage of the judgment for which the defendant is determined to be responsible. However, when a defendant bears fifty-one percent or more of the fault, current law provides that the defendant is jointly and severally liable for the judgment amount. This act states that the liability of each defendant for damages shall not be joint and each defendant is liable only for the amount of damages in direct proportion to the defendant's percentage of fault. In assessing the percentage of fault, the trier of fact shall consider the fault of all persons who contributed to the plaintiff's injury regardless of whether the person is a party to the suit. Fault of a nonparty may be considered if the plaintiff entered into a settlement with the nonparty or if the defendant gives notice before trial that a nonparty was at fault. Findings of fact regarding the fault of a nonparty shall not subject the nonparty to liability or be introduced as evidence of liability in any action.
This act is identical to SB 845 (2020), is substantially similar to HB 1310 (2021) and HB 2242 (2020), and is similar to SB 678 (2018), a provision in SCS/SB 1102 (2018), SB 383 (2017), SB 736 (2016), HB 2287 (2016), SB 140 (2015), a provision in SCS/SB 589 (2014), SB 830 (2014), SB 846 (2014), SB 609 (2012), a provision in HCS/HB 1298 & 1180 (2012), SB 211 (2011), and HB 364 (2011).
KATIE O'BRIEN