Joint and Several Liability
A defendant that is less than 50% at fault for a plaintiff’s damages, when factoring in the fault of other defendants and tortfeasors, and of the plaintiff, is not subject to joint liability. Full joint liability continues to apply to a defendant whose conduct was willful, wanton reckless, or intentional, or involved the illicit use, sale, or possession of drugs. Gross negligence, however, no longer subjects a defendant to joint and several liability. Conduct involving the use, sale, or possession of alcohol was also eliminated as an exception to the 50% rule. A special rule applies in dram shop actions in which a defendant has been charged with the drunk driving offense and that defendant is found greater than 50% at fault. In those cases, the charged driver appears on the verdict form upon motion of the defendant (the licensee/alcohol seller) and, if both are found liable, the licensee is jointly liable for 50% of the plaintiff’s actual damages.
Allocation of Fault
A jury can allocate fault among all defendants, nondefendant tortfeasors, and the plaintiff. In order to seek allocation of fault to a nondefendant, a defendant must disclose the tortfeasor within 180 days of filing the lawsuit or later if there is good cause. The defendant has the burden of proof to show the nonparty’s breach of duty proximately caused the plaintiff’s injury. A plaintiff has the option of adding the tortfeasor as a defendant or it can challenge the nonparty’s inclusion on the verdict form through filing motion that meets the standard for summary judgment or a directed verdict. A settling tortfeasor, whether or not a party, must be included on the verdict form unless excluded per below.
Certain nonparties cannot be included on the verdict form including: (1) a nonparty that is immune from liability or prohibited from suit; (2) a nonparty whose conduct was willful, wanton, reckless, or intentional; (3) nonparty/tortfeasor vicarious liability relationships; (4) strict liability actions; (5) asbestos claims; (6) or in actions brought by government entities involving health, safety, infrastructure, or the environment, other than PFAS. A setoff remains available for a payment by a settling party that is not placed on the verdict form. Requires licensees of alcoholic
beverages to provide employees with training, and includes various regulatory and insurance requirements.