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WVAJ Statement on Passage of New Comparative Fault Law
March 6, 2015
Charleston, W.Va. – The West Virginia Association for Justice issued the following statement in response to the West Virginia Legislature’s passage of HB 2002, which changes state law on comparative fault, apportionment of damages and how damages are reallocated among defendants if one is unable to compensate the plaintiff.
“This new comparative fault law does the opposite of what its supporters claim. It will increase litigation and legal costs for businesses,” said Anthony Majestro, president of the West Virginia Association for Justice.
“Those responsible will try to drag more defendants into the case, including those who have almost no responsibility, in order to shift their misconduct onto others. Litigation will be more complex, expensive and harder to settle as courts attempt to sort out the relative fault of all these defendants. It also removes our state’s long-standing doctrine for good faith settlement. Those companies that wish to accept responsibility, settle their cases and exit the litigation won’t be able to do so. They will be forced to stay in through the entire trial and pay attorneys fees while others debate their liability.
“It also eliminates personal responsibility and accountability. When several wrongdoers cause an injury or financial loss, each should accept responsibility and pay up. If one is unable to pay, then the others involved should pay that part too. When they don’t, it shifts the financial burden from those responsible onto the person or business that is harmed and onto tax payers. Under this new law, plaintiffs could recover less than 50 percent of what’s owed. Those people are getting hurt twice—one by the misconduct and then by not being compensated for it.”
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