Signed by Governor Earl Tomblin

Vote Smart's Synopsis:

Vote to adopt a conference report that amends comparative fault standards and establishes a reallocation process for any uncollectible payments when multiple parties are involved.

Highlights:

• Requires an action based on tort or legal theory seeking damages for personal injury, death, or property damage to be determined based on “comparative fault” (Art. 7).

• Defines “comparative fault” as the degree to which an individual’s actions, such as negligence, malpractice, or product liability, are a proximate cause of a personal injury, death, or property damage (Art. 7).

• Specifies that “comparative fault” is measured as a percentage on a scale of 0 to 100 (Art. 7).

• Requires a defendant to be independently liable for the amount of compensatory damages directly proportional to his or her percentage of fault (Art. 7).

• Specifies that the maximum amount recoverable against the defendant is the total amount of compensatory damages multiplied by the percentage of comparative fault (Art. 7).

• Prohibits 2 or more defendants from being jointly liable in an action for damages, unless they consciously conspire and deliberately pursue a common plan to commit a tortious act (Art. 7).

• Requires a defendant that commits 1 or more of the following acts to be jointly and severally liable (Art. 7):

• Drives a vehicle under the influence of alcohol or drugs;

• Criminal conduct causing the damages suffered by the plaintiff; or

• Illegal disposal of hazardous waste.

• Authorizes any uncollectible amount from a liable defendant to be reallocated to other liable parties according to their percentages of fault (Art. 7).

Vote Smart's Synopsis:

Vote to pass a bill that amends the comparative fault standard to determine to what degree an individual is liable for certain damages.

Highlights:

• Requires an action based on tort or legal theory seeking damages for personal injury, death, or property damage to be determined based on “comparative fault” (Art. 7).

• Defines “comparative fault” as the degree to which the fault of an individual was a proximate cause of a personal injury, death, or property damage, expressed as a percentage (Art. 7). 

• Requires a defendant to be independently liable for the amount of compensatory damages directly proportional to his or her percentage of fault (Art. 7).

• Specifies that the maximum amount recoverable against the defendant is the total amount of compensatory damages multiplied by the percentage of comparative fault (Art. 7). 

• Prohibits 2 or more defendants from being jointly liable in an action for damages, unless they consciously conspire and deliberately pursue a common plan to commit a tortious act (Art. 7).

• Establishes a reallocation process for any uncollectible payments according to the percentage of faults if 1 party is unable to cover the responsible damages (Art. 7).

• Exempts a defendant from the joint liability prohibition if he or she commits the following acts (Art. 7):
• The defendant drives a vehicle under the influence of alcohol or drugs;
• The defendant acts with criminal conduct; or
• The defendant disposes of hazardous waste illegally. 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the comparative fault standard to determine to what degree an individual is liable for certain damages.

Highlights:

• Requires an action based on tort or legal theory seeking damages for personal injury, death, or property damage to be determined based on “comparative fault” (Art. 7).

• Defines “comparative fault” as the degree to which the fault of an individual was a proximate cause of a personal injury, death, or property damage, expressed as a percentage (Art. 7). 

• Requires a defendant to be independently liable for the amount of compensatory damages directly proportional to his or her percentage of fault (Art. 7).

• Specifies that the maximum amount recoverable against the defendant is the total amount of compensatory damages multiplied by the percentage of comparative fault (Art. 7). 

• Prohibits 2 or more defendants from being jointly liable in an action for damages, unless they consciously conspire and deliberately pursue a common plan to commit a tortious act (Art. 7).

• Establishes a reallocation process for any uncollectible payments according to the percentage of faults if 1 party is unable to cover the responsible damages (Art. 7).

• Exempts a defendant from the joint liability prohibition if he or she commits the following acts (Art. 7):
• The defendant drives a vehicle under the influence of alcohol or drugs;
• The defendant acts with criminal conduct; or
• The defendant disposes of hazardous waste illegally.