Florida Abolishes Joint & Several Liability

The Florida Legislature has passed a bill abolishing the doctrine of joint and several liability.  Governor Bush is expected to sign the bill next week.  The key language is found in what will become the amended version of subsection (3) of section 768.81 of the Florida Statutes.  That subsection will now read:  "In cases to which this section applies, the court shall enter judgment against each party liable on the basis of the party's percentage of fault and not on the basis of the doctrine of joint and several liability."

Not surprisingly, the business community is pleased with this development while the plaintiffs' bar opposed the change.  See the story by Mary Ellen Klas in the Miami Herald.

JDP