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AR SB531

Bill

Status

Failed

4/25/2019

Primary Sponsor

Missy Irvin

Click for details

Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • Establishes legislative finding that defendants' rights to liability only in direct proportion to their percentage of fault under § 16-55-201 apply regardless of whether other negligent parties are immune from suit or named as parties to the lawsuit.

  • Amends the definition of "joint tortfeasor" in § 16-61-201 to include persons or entities whose negligence or fault contributed to injury, whether or not they are immune from suit, can be named as parties, or have judgments recovered against them.

  • Amends the definition of "several liability" to require that each defendant's liability be allocated in direct proportion to their percentage of fault after considering the fault of all persons or entities whose negligence contributed to the injury, regardless of whether those persons or entities could have been named as parties or are immune from suit.

  • Declares an emergency due to Arkansas court misinterpretation of § 16-61-201 resulting in the abolition of joint liability under § 16-55-201 and statute misapplication.

  • Effective immediately upon Governor approval, Governor's failure to veto within the veto period, or veto override by the legislature.

Legislative Description

To Clarify The Uniform Contribution Among Tortfeasors Act; And To Declare An Emergency.

Last Action

Sine Die adjournment

4/25/2019

Committee Referrals

Judiciary3/12/2019

Full Bill Text

No bill text available