When a lawsuit names more than one person or business, Pennsylvania has specific rules for deciding who pays what. Those rules come from the Fair Share Act of 2011, codified at 42 Pa.C.S. § 7102, and a later court decision added an important twist.
The Basic Rule
Before 2011, Pennsylvania followed traditional joint and several liability, meaning any defendant found responsible could be required to pay the entire judgment. The Fair Share Act changed that. Under the general rule, a defendant found less than 60% at fault pays only their proportionate share. A defendant found 60% or more at fault can be held responsible for the full amount. The act also lists exceptions, including certain intentional torts.
The Twist From Spencer v. Johnson
In 2021, the Pennsylvania Superior Court suggested in Spencer v. Johnson that the Fair Share Act applies only when the injured person shares some of the blame. Many courts have followed that reasoning, though the state’s highest court hasn’t settled the question.
How the Two Situations Compare
| Situation | How Liability Is Often Divided |
|---|---|
| The injured person is found partly at fault | Fair Share Act applies: defendants under 60% generally pay only their share |
| The injured person is found not at fault at all | Courts following Spencer have applied joint and several liability, so even a defendant with a small share of fault could be responsible for the full judgment |
Why This Matters for Your Umbrella
When the injured person did nothing wrong, a homeowner or driver who is only partly responsible may still be exposed to the whole judgment, which can exceed the limits of a standard auto or home policy. An umbrella policy adds liability limits above those underlying policies and often helps with defense costs.
This area of law is still developing, so an attorney can explain how it applies to a specific case. Browse our umbrella insurance articles for more background.
Options Insurance Group in Fort Washington, PA can review your umbrella insurance and underlying limits. Residents of Fort Washington, PA and Montgomery County can reach out to Options Insurance Group.
