Tort reformers say this bill will overturn many of the lawsuit reforms passed in 1995. Proportionate liability will be eliminated as will the cap on punitive damages. A defendant found only 1% responsible could be held liable for 100% of the damages. Tort reformers argue the bill will eliminate many legal standards without ever specifying when and how a company should disclose a product defect. They claim the proposed law provides no test of reason to guide a manager’s decision. Tort reformers contend HB 3125 allows plaintiffs an unlimited fishing expedition of discovery and imposes on defendants an impossible standard of foresight.

Trial lawyers say the bill will have no impact on honest businesses. Tort reformers counter that the bill is written so broadly that no business can possibly know of every potential violation or provide a reasonable defense against them.

HB 3125 appears to be stalled, perhaps dead, in committee. No new hearings are scheduled. However, House Civil Practices has until May 7 to pass the bill. The following are members on the House Civil Practices Committee: