Wednesday, June 29, 2011

Update: Pennsylvania Gov. Corbett Signs Castle Doctrine Expansion and Tort Reform Bills into Law

     Pennsylvania Governor Tom Corbett, a Republican, signed two major bills into law.  One act expands the Castle Doctrine, while the other act reforms joint and several liability in civil cases.

     The Castle Doctrine, which allows citizens to use deadly force to defend themselves, is now expanded beyond the home to any place a person has a legal right to be.

     The tort reform act changes the civil procedure rules for joint and several liability to make the payment of damages more proportional to a defendant's degree of liability.  Previously, a civil defendant could be found 1% liable and yet be responsible for 100% of the damages if the primary defendant were unable to satisfy the judgment.  Plaintiffs, through their civil trial lawyers, were using the old rule to sue businesses or other organizations as the deep pockets, in order to win damages when a defendant was unable to pay.  The old rule was recognized as being anti-business and thus harmful to the economy.  The new rule establishes a more proportional system of liability.

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