In general provisions relating to civil actions and proceedings, further providing for comparative negligence.
Impact
Should HB 1958 be enacted, it will significantly alter how courts handle negligence cases in Pennsylvania. Currently, the traditional model of joint and several liability allows plaintiffs to recover the entire amount of damages from any defendant held liable. In contrast, the proposed changes in this legislation would mean that each defendant would only be responsible for their share of damages as determined by their percentage of fault. This shift could potentially reduce the financial burden on defendants, especially in cases involving multiple liable parties.
Summary
House Bill 1958 seeks to amend Title 42 of the Pennsylvania Consolidated Statutes, specifically regarding the provisions related to comparative negligence in civil actions. The bill aims to revise the framework that governs how liability is assigned in cases of negligence, particularly clarifying the apportionment of responsibility among defendants in tort cases. It introduces a system where the liability is apportioned based on the percentage of fault attributable to each defendant, allowing for more nuanced outcomes in civil lawsuits involving multiple parties.
Contention
Notable points of contention surrounding HB 1958 include concerns from plaintiff advocacy groups about the possible adverse effects on injured parties seeking full compensation. Critics argue that shifting to a percentage-based liability system may undermine the ability of plaintiffs to recover damages from defendants who may have a significantly greater share of fault. Supporters, however, contend that the proposed changes promote fairness by recognizing that not all defendants should be held equally liable for damages, especially if their involvement in the incident was minimal.
Last_action
The bill was introduced by representatives Kauffman, Olsson, Zimmerman, and Mentzer on October 16, 2025, and referred to the Committee on Judiciary the following day, signaling the start of its legislative journey.
In general provisions relating to residential real property, further providing for definitions; and, in seller disclosures, further providing for application of chapter and providing for disclosure of construction defects.
In general provisions relating to civil actions and proceedings, providing for prohibiting agreements exempting recreational facilities from liability.
In support matters generally, further providing for paternity; and, in general provisions relating to children and minors, further providing for blood tests to determine paternity.