Doling Out 'Fair Shares' Of Asbestos Liability

By Theresa Mullineaux (March 13, 2018, 2:05 PM EDT) -- In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage for which they are found liable.[1] Prior to the enactment of the Fair Share Act, a defendant found liable could be on the hook for the entire verdict.

What is the Pennsylvania Fair Share Act?

The Fair Share Act was enacted in 2011 as an amendment to Judicial Code section 42 Pa. C.S. §7102 that had provided for comparative negligence. The act made joint and several liability inapplicable to most tort cases. Rather, under the act, "a...

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