HB 1958 — 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.

PRINTER'S NO.   2474

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1958
                                               Session of
                                                 2025

     INTRODUCED BY KAUFFMAN, OLSOMMER, ZIMMERMAN AND MENTZER,
        OCTOBER 16, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in general provisions
 3      relating to civil actions and proceedings, further providing
 4      for comparative negligence.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 7102 heading, (a), (a.1), (a.2) and (c.2)
 8   of Title 42 of the Pennsylvania Consolidated Statutes are
 9   amended to read:
10   § 7102.   [Comparative negligence] Fair share of liability.
11      (a)    General rule.--In all actions brought to recover damages
12   for negligence resulting in death or injury to person or
13   property, the fact that the plaintiff may have been [guilty of
14   contributory negligence] contributorily negligent shall not bar
15   a recovery by the plaintiff or [his] the plaintiff's legal
16   representative where such negligence was not greater than the
17   causal negligence of the defendant or defendants against whom
18   recovery is sought, but any damages sustained by the plaintiff
19   shall be diminished in proportion to the amount of negligence
 1   attributed to the plaintiff.
 2      (a.1)   Recovery against joint defendant; contribution.--
 3          (1)   [Where recovery is allowed against more than one
 4      person] In an action to recover damages for death or injury
 5      to a person or property, including [actions] an action for
 6      strict liability[, and where liability is attributed to more
 7      than one defendant,] and an action in which the plaintiff has
 8      not been found contributorily negligent, each defendant shall
 9      be liable for that proportion of the total dollar amount
10      awarded as damages in the ratio of the amount of that
11      defendant's liability to the amount of liability attributed
12      to all defendants and other persons to whom liability is
13      apportioned under subsection (a.2). Liability in a tort
14      action, including an action for strict liability, shall be
15      apportioned on a percentage basis.
16          (2)   Except as set forth in paragraph (3), a defendant's
17      liability shall be several and not joint, and the court shall
18      enter a separate and several judgment in favor of the
19      plaintiff and against each defendant against whom strict
20      liability or negligence is assessed for the apportioned
21      amount of that defendant's liability.
22          (2.1)   In an exposure-related tort case involving two or
23      more persons that combine to cause an indivisible injury,
24      including an asbestos case, the trier of fact shall apportion
25      liability based on the relative contribution of each person
26      to the plaintiff's dose of exposure, as assessed by a jury
27      based upon admissible fact and expert testimony.
28          (3)   A defendant's liability in any of the following
29      actions shall be joint and several, and the court shall enter
30      a joint and several judgment in favor of the plaintiff and

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 1      against the defendant for the total dollar amount awarded as
 2      damages:
 3                 (i)    Intentional misrepresentation.
 4                 (ii)    An intentional tort.
 5                 (iii)    Where the defendant has been held liable for
 6          not less than 60% of the total liability apportioned to
 7          all parties.
 8                 (iv)    A release or threatened release of a hazardous
 9          substance under section 702 of the act of October 18,
10          1988 (P.L.756, No.108), known as the Hazardous Sites
11          Cleanup Act.
12                 (v)    A civil action in which a defendant has violated
13          section 497 of the act of April 12, 1951 (P.L.90, No.21),
14          known as the Liquor Code.
15          (4)    Where a defendant has been held jointly and
16      severally liable under this subsection and discharges by
17      payment more than that defendant's proportionate share of the
18      total liability, that defendant is entitled to recover
19      contribution from [defendants who] liable persons that have
20      paid less than their proportionate share. Further, in any
21      case, any defendant may recover from any other person all or
22      a portion of the damages assessed that defendant pursuant to
23      the terms of a contractual agreement.
24      (a.2)   Apportionment of responsibility among certain
25   nonparties and effect.--For purposes of apportioning liability
26   only, the [question of] liability of any defendant or other
27   person [who has entered into a release with the plaintiff with
28   respect to the action and who] that is not a party shall be
29   transmitted to the trier of fact upon appropriate requests and
30   proofs by any party. A person whose liability may be determined

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 1   pursuant to this section does not include an employer to the
 2   extent that the employer is granted immunity from liability or
 3   suit pursuant to the act of June 2, 1915 (P.L.736, No.338),
 4   known as the Workers' Compensation Act. An attribution of
 5   responsibility to any person or entity as provided in this
 6   subsection shall not be admissible or relied upon in any other
 7   action or proceeding for any purpose. Nothing in this section
 8   shall affect the admissibility or nonadmissibility of evidence
 9   regarding releases, settlements, offers to compromise or
10   compromises as set forth in the Pennsylvania Rules of Evidence.
11   Nothing in this section shall affect the rules of joinder of
12   parties as set forth in the Pennsylvania Rules of Civil
13   Procedure.
14      * * *
15      (c.2)     Savings provisions.--Nothing in this section shall be
16   construed in any way to create, abolish or modify a cause of
17   action or to limit a party's right to join another potentially
18   responsible party[.], except that this section abrogates the
19   common law governing apportionment of liability among joint
20   tortfeasors in strict liability actions.
21      * * *
22      Section 2.    This act shall apply to all causes of action that
23   accrue after the effective date of this section.
24      Section 3.    This act shall take effect in 60 days.




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