HARRISBURG, Pa., June 19, 2002 (PRIMEZONE) -- The following is being issued by the Pennsylvania Chamber of Business and Industry:
Despite the claims of some members of the Plaintiff's Bar, it didn't happen overnight; it took over 20 years. It didn't happen under the cloak of darkness; it was broadcast live on PCN after a number of House and Senate hearings and extensive public debate. In short, the recent modifications made to the legal concept of "Joint and Several Liability" through the "Fair Share Act" were very much needed and long overdue.
It is pointless for the business community to refute all of the allegations made by opponents; to do so would only further obfuscate the truth. Many lawsuits are dismissed long before any assignment of liability takes place. The many problems associated with Joint and Several Liability come AFTER this initial determination of substantial factor has been made. This is when there is an inherent unfairness in holding one defendant who is only nominally liable responsible for most or all of an entire verdict. It makes no sense.
The price of Pennsylvania's Joint and Several Liability law has been far too high. We've lost jobs. We've lost good companies. We've had little opportunity to attract prospective companies looking to create new jobs. That's what this is all about: jobs and job opportunities. It's the economy. It's education. It's taxes. It's health issues.
Members of the General Assembly are entrusted to uphold and defend the laws of this Commonwealth. Implicit in this responsibility is the obligation to continually review, revise and repeal laws that have passed their prime. Fifty years ago, Joint and Several Liability made sense. Today it does not -- a fact recognized by most other states.
Competing states are not standing still. Pennsylvania had been one of only four states where no action on meaningful Tort Reform was taken the past two decades. Of the 46 states which had Joint and Several liability, 32 either abolished or changed their laws. This gave our competitors an advantage in the battle for jobs and job opportunities.
Pennsylvania will now be better able to compete -- thanks to the "Fair Share Act," which provides for partial elimination of Joint and Several Liability. The Pennsylvania House and Senate and Governor Schweiker did something about the many problems of Pennsylvania's legal system -- they brought fairness, common sense and personal responsibility by enacting the "Fair Share Act" into law!
We hope that the strong leadership in the General Assembly that brought this about has continued strength and resolve to do what is right and what is fair for Pennsylvania. Now, it's time for the trial attorneys to accept this.
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.