What is the PA Fair Share Act and How Can It Affect Your Personal Injury Claim?

The Pennsylvania Fair Share Act of 2011 drastically changed how liability is determined in personal injury cases. Prior to the Act, under joint and several liability, any one defendant could be held responsible for the entire judgment. Now, a defendant is generally only liable for their share of the fault. This can complicate cases, especially when multiple defendants are involved. 

For those seeking compensation, it’s important to understand how this law works, and when exceptions apply. No matter your situation, working with a skilled Pennsylvania personal injury attorney can help to get you the compensation you deserve.

What is the Fair Share Act?

The Pennsylvania Fair Share Act (42 Pa.C.S.A. § 7102), was enacted to reform the state’s joint and several liability rules. Under the old system, a plaintiff could recover the entire judgment from any defendant, regardless of their level of fault. Now, each defendant will only be responsible for their proportion of the damages unless certain exceptions apply, which we discuss below.

However, an important caveat is that the Act only applies when the injured party is partially at fault, a precedent established in the Pennsylvania Supreme Court decision Spencer v. Johnson (249 A.3d 529 PA), which impacted how the Fair Share Act is interpreted in personal injury cases.

This law significantly affects personal injury claims by limiting the amount for which each defendant can be held liable. A Pennsylvania personal injury attorney can help victims overcome the limitations this law imposes and maximize their compensation, especially when multiple parties are involved.

The Impact of the Fair Share Act on Personal Injury Cases

The Fair Share Act has changed how liability in Pennsylvania is assessed in personal injury cases. Before its enactment, the joint and several liability rule allowed a plaintiff to collect the entire judgment from any defendant, regardless of their fault. Now, defendants are generally liable only for their percentage of fault, which can complicate efforts to obtain full compensation. However, with the right strategy, a Pennsylvania personal injury attorney can help secure fair recovery by interpreting the Act and applying any valid exceptions.

Joint and Several Liability

Under the Act, defendants in most personal injury cases are only responsible for the portion of damages that matches their share of fault. However, if a defendant’s fault is found to be above the 60% threshold, they can still be held liable for the full judgment. This can be an important consideration when other defendants are unable to pay their share. 

Plaintiffs’ attorneys often file a motion to mold the verdict to ensure fair compensation, especially in cases involving severe injury or multiple defendants, regardless of whether you appear in trial court seeking jury awards or in Superior Court before a single judge. Your attorney having molded the verdict in your favor can make the difference in one or more parties being held liable, not to mention the amount of compensation you receive.

Comparative and Contributory Negligence

The Fair Share Act also works alongside Pennsylvania’s comparative negligence rules. If a plaintiff is found 50% or less at fault, they can still recover damages, but their compensation will be reduced by their degree of fault. However, if an injured person is found to be 51% or more at fault, they are barred from recovery. This can be a pivotal factor in personal injury cases, where minimizing the plaintiff’s fault is key for securing compensation. A skilled attorney can help navigate the Fair Share Act in cases involving vicarious liability (a party is considered vicariously liable when they are responsible for the actionable conduct of another) or other complex factors.

Are There Exceptions to the Fair Share Act?

While the Fair Share Act generally limits a defendant’s liability to their share of fault, there are several exceptions in the statute where joint and several liability can still apply. These exceptions matter for plaintiffs seeking full compensation when multiple defendants are involved.

The most significant exception is when a defendant is found to be 60% or more at fault. In this scenario, the defendant may be held liable for the entire judgment, allowing the plaintiff to recover the full amount of damages. This exception is commonly used by plaintiffs’ attorneys to ensure that their clients receive the compensation they deserve, especially in cases where other defendants are unable to pay their portion.

Additional exceptions where joint and several liability still applies include:

• Intentional Misrepresentation: If a defendant intentionally deceives others and causes harm, they can be held fully responsible for all damages, regardless of their percentage of fault.
• Intentional Torts: In cases where a defendant’s actions are deliberate, such as assault or fraud, they can be held liable for the entire judgment, even if other parties share some responsibility.
• The Release or Threatened Release of a Hazardous Substance Under the Hazardous Sites Cleanup Act: Defendants involved in environmental harm may be held liable for full damages, as public safety is prioritized in such cases.
• Serving Alcohol to a Visibly Intoxicated Person under Pennsylvania’s Liquor Code: Bars or establishments that serve alcohol to visibly intoxicated patrons, who later cause injury, can be held responsible for an entire judgment.

Receive the Compensation You Deserve

Getting around the limitations of the Pennsylvania Fair Share Act requires experienced legal guidance, especially in cases involving multiple defendants, and making the choice to create an attorney-client relationship with a skilled Pennsylvania personal injury attorney provides the resources you need to recover the compensation you deserve.

If you’ve been injured, don’t enter into this challenging process alone. Contact us today and speak with a knowledgeable attorney to discuss your case and who can fight to help maximize your recovery.  Solnick Lawyers is on your side!