HARRISBURG, Pa., June 7, 2002 (PRIMEZONE) -- The Pennsylvania Chamber of Business and Industry commends members of the State House for taking the first major legislative step towards addressing the most egregious aspect of the Commonwealth's Civil Justice system by voting in favor of the Fair Share Act (S.B. 1089) earlier this week.
Pennsylvania is one of only seven states that continue to suffer economically from a legal system that can hold a person, company or local government agency liable for 100% of damages despite having had only a minor role in an incident that generated the lawsuit. This phenomenon known as "joint and several liability" shifts blame from the person who actually caused the injury to a business or entity who is perceived to have "deep pockets." Often businesses are added as defendants in the hope that their "deep pockets" may be able to deliver the entire amount of the jury award.
In reality, joint and several liability is a problem for all Pennsylvania businesses, small "mom and pop operations," and ultimately their employees. In an already tough economy, it hinders job creation and diminishes the attractiveness of Pennsylvania for new business location. If passed into law, the Fair Share Act would modify this archaic legal doctrine by adopting "proportional liability" based on the percentage of fault or paying one's fair share and no more.
The Fair Share Act not only carries overwhelming support of the business and health care communities, but has also earned the support of several labor organizations concerned with job growth. Governor Mark Schweiker has gone on public record saying that joint and several liability "has stifled Pennsylvania's economic development efforts for decades," and has indicated that he would sign such a bill into law if and when it crosses his desk.
The responsibility to alleviate this problem now rests with the State Senate. The Fair Share Act will reform Pennsylvania's legal system by reigning in both the number of lawsuits and the cost of awards, while maintaining the rights of legitimate victims.
The Pennsylvania Chamber of Business and Industry supports this legislation and urges the members of the State Senate to do their "fair share" by passing it without further delay
Floyd Warner is President of the Pennsylvania Chamber of Business and Industry, the state's largest broad-based business association. With more than 10,000 members representing every county in the Commonwealth, the Pennsylvania Chamber is the fastest-growing state chamber in the United States.