Pennsylvania HB 1436: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general provisions relating to civil actions and proceedings, further providing for comparative negligence.

Bill Text

PRINTER'S NO. 1675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1436
Session of
2025
INTRODUCED BY KUZMA, NEILSON, DAVANZO, COOPER AND FLICK,
MAY 9, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2025
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to civil actions and proceedings, further providing
for comparative negligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102(a.1)(2) of Title 42 of the
Pennsylvania Consolidated Statutes is amended and paragraph (3)
is amended by adding a subparagraph to read:
§ 7102. Comparative negligence.
* * *
(a.1) Recovery against joint defendant; contribution.--
* * *
(2) Except as set forth in paragraph (3), if a plaintiff
is found to be comparatively negligent, a defendant's
liability shall be several and not joint, and the court shall
enter a separate and several judgment in favor of the
plaintiff and against each defendant for the apportioned
amount of that defendant's liability.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

(3) A defendant's liability in any of the following
actions shall be joint and several, and the court shall enter
a joint and several judgment in favor of the plaintiff and
against the defendant for the total dollar amount awarded as
damages:
* * *
(vi) Where the defendant has been held liable for
some portion of the total liability apportioned to all
parties and the plaintiff is not found to be
comparatively negligent.
* * *
Section 2. This act shall take effect in 60 days.
20250HB1436PN1675 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12