Pennsylvania 2008 Legislative Agenda

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Curb Frivolous Lawsuits

Lawsuit abuse clogs our courts and raises the costs of goods and services.  We've all heard about the label on the hair-dryer warning not to use while sleeping, or the label on the baby-carriage warning not to fold it up with a baby in it. While providing humorous anecdotes to share with friends and family, the underlying message of these labels and stories of wacky lawsuits are a sobering reflection of today's society and a legal system that has gone awry. Many times, legitimate claims become victim to an overburdened system that is in need of commonsense reforms.

Many small businesses become innocent victims of this sue-thy-neighbor mentality. Take a retailer who is brought into a lawsuit simply because a product was purchased at his or her store, or the manufacturer who was sued for negligence even though a safety guard was removed by the injured plaintiff. This environment is costly and unfair to small businesses as they struggle to survive in today's competitive marketplace. In addition, many physicians have left the state, and many hospitals and health systems are faced with closing their doors, because of skyrocketing medical malpractice insurance premiums due to the costs of lawsuit abuse.

NFIB members support:

    • A constitutional amendment to cap non-economic damages;
    • Legislation to repeal the joint and several liability doctrine;
    • Legislation to protect innocent retailers who sell a product and are unaware of any defects in that product; 
    • Reasonable time limits on the number of years that a manufacturer may be held liable for their product; and
    • Mandatory sanctions for lawyers who bring frivolous lawsuits.