Joint and Several Liability Reform Act of 1991

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S 195 IS
102d CONGRESS
1st Session
S. 195
To reform the tort law doctrine of joint and several liability.
IN THE SENATE OF THE UNITED STATES
January 14 (legislative day, JANUARY 3), 1991
Mr. PRESSLER introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To reform the tort law doctrine of joint and several liability.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
  This Act may be cited as the `Joint and Several Liability Reform Act
  of 1991'.
SEC. 2. SEVERABLE LIABILITY FOR DAMAGES.
  SEC. 2. (a) IN GENERAL-
  (1) Except as provided in paragraph (2) of this subsection, in any civil
  action alleging injury to a person, damage to property, or death of a
  person, the liability of each defendant for damages shall be several
  only and shall not be joint. Each defendant shall be liable only for the
  amount of damages allocated to such defendant in direct proportion to such
  defendant's percentage of responsibility as determined under subsection
  (b) of this section. A separate judgment shall be rendered against such
  defendant for that amount.
  (2) In any case where the parties are found to have engaged in concerted
  action, the liability of each defendant shall be joint and several.
  (b) PORTION OF RESPONSIBILITY- For purposes of this section, the trier of
  fact shall determine the proportion of responsibility of each party for
  the claimant's harm.
  (c) DEFENDANTS NOT PARTIES-
  (1) If a claimant has released any defendant or potential defendant from
  liability for the claimant's harm, or if a defendant is unable (despite
  exercising all practicable means) to join any other person as a defendant
  in such action the trier of fact shall, in determining the proportion of
  responsibility under subsection (b) of this section, consider the liability
  of any person not a party to the action if the defendant is able to prove
  that any such person caused the claimant's harm.
  (2) If a claimant has released any defendant or potential defendant from
  liability for the claimant's harm, the total amount of responsibility for
  the claimant's harm shall be reduced by the proportion of responsibility
  of any such released defendant or potential defendant.
  (d) DEFINITION- As used in this section, the term `concerted action' means
  any action consciously and intentionally taken by two or more defendants
  which resulted in the harm alleged in such civil action. Such term does
  not mean consciously parallel action.
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