Category Archives: Joint or Several Liability

Montana Significantly Revises Its Product Liability Laws

This entry was posted by William L. Doerler on May 15, 2023.

On May 4, 2023, Montana changed its product liability laws when the Governor signed SB 216, which was effective upon passage and applies to claims that accrue on or after May 4, 2023. Among the changes is the adoption of a sealed container defense and the application of comparative negligence principles in strict liability actions. Montana also adopted a defense based on certain actions not being brought within 10 years. In addition, Montana adopted a rebuttable presumption with respect to a product’s defective condition. A jury must be informed about this rebuttable presumption with respect to certain warnings claims, premarket licensing procedures or claims involving drugs and/or medical devices. The changes to the Montana Code are further described below. Continue reading →

This entry was posted in Comparative-Contributory Negligence, Contribution-Apportionment, Joint or Several Liability, Montana, Products Liability and tagged Apportionment, Comparative Fault, Montana, Products Liability, Settlement.

The Blame Game: Georgia Updates Its’ Apportionment of Fault Statute to Apply to Single-Defendant Lawsuits

This entry was posted by William L. Doerler on June 1, 2022.

For all cases filed after May 13, 2022, Georgia has amended its apportionment of fault statute, O.C.G.A. § 51-12-33. The amendment affects subsection (b), which formerly stated that in actions brought against “more than one person for injury to person or property,” the amount of damages awarded, after taking a reduction for the plaintiff’s percentage of fault, shall be apportioned among the person or persons liable according the each person’s percentage of fault. It also eliminated joint liability and the right of contribution. The amended subsection (b) now applies to actions brought “against one or more persons,” thus allowing courts to apply the statute to single-defendant lawsuits. Continue reading →

This entry was posted in Contribution-Apportionment, Georgia, Joint or Several Liability and tagged Apportionment, Georgia, Joint-Tortfeasors, Non-Party at Fault.