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HB 1436

An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general provisions relating to civil actions and proceedings, further providing for comparative negligence.

2025-2026 Regular Session Introduced by Jill Cooper and 4 co-sponsors

Pennsylvania bill amends comparative negligence laws governing fault-sharing and damage allocation in civil lawsuits, affecting personal injury liability and recovery outcomes.

Referred to Judiciary
0
WeVote Research Nonpartisan
Bill Summary · HB 1436

Legislative bill overview

HB 1436 proposes amendments to Pennsylvania's comparative negligence laws under Title 42 of the state's judicial code. The bill was recently introduced and referred to the Judiciary Committee, but the specific substantive changes are not detailed in the available information. Comparative negligence laws determine how damages are allocated when multiple parties share fault in civil lawsuits.

Why is this important

Pennsylvania's comparative negligence framework directly affects how courts distribute financial liability in personal injury cases, affecting everything from car accidents to medical malpractice claims. Changes to these rules could significantly impact plaintiffs' ability to recover damages, defendants' liability exposure, and insurance costs across the state. Understanding the specific amendments is critical because even technical changes can substantially alter litigation outcomes and costs for individuals and businesses.

Potential points of contention

  • Threshold modifications: Any change to the percentage of fault at which plaintiffs can recover damages (currently 51% in Pennsylvania's "pure" comparative negligence system) would be highly contested by both plaintiff attorneys and defense interests
  • Damage calculation methods: Amendments could affect how courts calculate and offset damages when multiple parties are at fault, benefiting either injured parties or defendants depending on direction
  • Retroactive application: Disputes may arise over whether changes apply to pending cases or only future litigation, creating fairness and transition concerns

Compiled from official sources — confirm details with the bill’s official record.

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