October 23, 2007
Pennsylvania Tort Reform Package
Republicans in the Pennsylvania House have announced a massive tort reform package. According to the press release, the proposed legislation includes the following reforms:
- Proposing a constitutional amendment to allow the General Assembly to establish caps on attorney fees in liability cases.
- Establishing a progressive statutory framework for limitations on attorney fees in liability cases.
- Proposing a constitutional amendment to allow the General Assembly to establish caps on non-economic damages in liability cases.
- Setting limitations on the recovery of punitive damages.
- Restricting liability with respect to innocent sellers, and where product misuse has occurred.
- Amending the comparative negligence statute to establish that each defendant found negligent or strictly liable for an injury to a plaintiff will be responsible for only his or her share of the total damages awarded to compensate a plaintiff for any injuries sustained.
- Requiring a plaintiff filing a liability action to include with the complaint a certificate of merit as prescribed by court rules, including a statement that the plaintiff suffers from a serious injury.
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