Modifies provisions relating to determinations of fault in tort actions
Impact
This change is significant as it aims to clarify and simplify the resolution of damages in tort cases, potentially making it easier for defendants to understand their financial responsibilities. It also empowers juries to proportionally distribute liability among defendants based on degrees of fault. However, the bill introduces a stringent clause that bars plaintiffs from recovering damages if they themselves are found to be responsible for 51% or more of the fault in the incident, effectively placing more accountability on plaintiffs in tort actions.
Summary
Senate Bill 1513 modifies the provisions relating to determinations of fault in tort actions in Missouri. The key aspect of this bill is its shift from joint and several liability to a several liability framework. Under the existing law, if a defendant is found to be at fault for more than half (51%) of the damages, they are held jointly liable for the entire judgment amount. SB1513 proposes that each defendant's liability would instead be limited to the specific percentage of fault attributed to them, thus reducing their overall financial exposure in tort cases.
Contention
The proposal has sparked debate among legislators and stakeholders. Proponents argue that it is a necessary reform that would prevent plaintiffs from collecting damages irresponsibly while promoting fairer and more rational outcomes in tort liabilities. Critics, however, contend that the bill could lead to greater barriers for injured parties seeking justice, particularly as it may diminish their chances of recovering damages if they share any portion of fault. The bill has faced scrutiny over concerns related to its potential adverse effects on plaintiffs' rights.
Modifies provisions relating to civil procedure, including the collateral source rule, determinations of fault, references to damages, and disclosure requirements