New Hampshire: Liability Apportionment Bill Advances in Senate

The Senate Judiciary Committee voted last week to advance a bill that would make it easier to target deep-pocket defendants in civil actions by eliminating settling joint tortfeasors from the calculation of liability apportionment.

The bill, HB-143, has already been passed by the Granite State House of Representatives. The intent of the bill is to change New Hampshire’s civil liability apportionment statute to counter the effect of cases such as Debenedetto v. CLD Consulting Engineers under which a joint tortfeasor can be made to pay an entire judgment only if found to be 50 percent or more at fault when all potentially at-fault parties, including those not listed as defendants in the case, are considered. The bill would allow a jury to apportion fault only to the parties in the case.

“The business community has expressed strong concern that this legislation could allow plaintiffs' attorneys to focus on defendants who would have to pay the entire judgment,” commented Paul Tetrault, NAMIC’s Northeast state affairs manager. “This kind of change would certainly lead to inequitable results and higher liability costs.”

Direct questions to NAMIC State Affairs Manager Paul Tetrault.

Posted: Tuesday, May 29, 2007 12:00:00 AM. Modified: Tuesday, May 29, 2007 12:34:46 PM.

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