HB 1315 (2005) -  Civil Justice Reform

by Brown
Provides for dismissal of actions based on fraudulent or deceptive activity; provides for recovery of damages and attorney fees and costs; repeals the dangerous instrumentality doctrine; providing for liability for personal injuries; limits actions against an insurer to insureds; specifies a duty to cooperate with an insurer in asserting a demand for settlement; specifies activities as a defense in actions; revises time periods relating to notices in actions; revises notice requirements; provides for preemption of specified civil remedies; specifies effect of judgments; specifies a criterion for burden of proof in actions against an insurer; limits insurer liability for failure to pay policy limits; authorizes parties to request court orders relating to unnecessary delay; provides requirements for amending witness lists; limits admissibility of evidence; specifies considerations for a trier of fact in actions; provides construction relating to assigning causes of action; limits liability for damages to a claimant resulting from intentional or criminal acts; deletes a rebuttable presumption provision in product liability actions; limits liability of public and private entities providing street lights, security lights, or other similar illumination; provides that such entities do not owe a duty to the public to provide, operate, or maintain illumination; prohibits findings of fault or responsibility of an entity not a party to litigation; limits the liability of law enforcement officers or sheriffs and employing law enforcement agencies for civil damages for injury or death from pursuing fleeing persons; requires a jury to be informed of amount of benefits paid or available for payment from collateral sources; specifies absence of restrictions on settlement or release agreements; limits attorney fees under such agreements; deletes exceptions to a requirement for liability based on percentage of fault instead of joint and several liability; provides for apportionment of damages; expands application of provisions to additional negligence cases; provides general rules for product liability actions against product sellers; specifies criteria for liability of a product seller as a manufacturer; repeals a provision relating to state-of-the-art defense for products liability.
Effective Date: upon becoming a law and shall apply to causes of action that accrue on or after the effective date.
Last Event: Withdrawn prior to introduction, Link/Iden/Sim/Compare passed, refer to HB 135 (Ch. 2005-272) on Thursday, March 3, 2005 11:12 AM

Related Bills

Staff Analysis

(None Available)

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Withdrawn prior to introduction, Link/Iden/Sim/Compare passed, refer to HB 135 (Ch. 2005-272) Time: 03/03/2005 - 11:12 AM Member: Brown Committee: Version: __
Event: H Filed Time: 03/02/2005 - 4:21 PM Member: Brown Committee: Version: __