Liability Reform Positions

The following legislative proposals form the framework for the WSMA's liability reform efforts:

Joint and Several Liability

There should be no joint liability among multiple defendants, except for instances of collusion among defendants, or hazardous or toxic waste causes.

Collateral Source Rule

Legislation should be enacted to prevent multiple recoveries in personal injury cases by eliminating the collateral source rule. A court should be directed to reduce any jury award by the amount a plaintiff receives from government programs such as disability plans, employee wage continuation plans, and health insurance programs.

Government Standards Defense

Government pre-marketing approval or compliance with government specifications should be a defense in a tort case involving such products where all required government regulations are followed and no material information is withheld.

Expert Testimony

Experts should have recognized expertise in the specialty area at issue and should have been engaged in the practice of medicine at the time of the incident about which they are testifying. They must have had a valid license to practice medicine in the State of Washington at the time of the incident complained of, and no opinion can be admitted in evidence unless it is corroborated by other objective evidence.

Offers of Settlement

An offer of settlement procedure should be implemented to permit a party to make a formal offer to another party to settle the lawsuit for a stated amount. If the party to whom the offer is made does not accept the offer and does not better its position at trial, then the party that refused the offer should be required to pay the offering party's reasonable attorneys' fees.

Contingent Attorneys' Fees

Attorneys should be prohibited from receiving by way of a contingent fee more than one-third of the first $300,000 of any award of settlement, one-quarter of the next $200,000 of any award or settlement, and ten percent of the amount of any award or settlement in excess of $500,000.

Certificate of Merit

As a means of discouraging frivolous lawsuits, before filing a lawsuit the plaintiff's attorney should be required to certify to the court that he/she has consulted with another professional in the same discipline who has concluded there are meritorious grounds to the suit.

Tax Consequences of Damage Awards

Juries should be advised at the time of trial of the tax consequences for federal income tax purposed of any award they make to the plaintiff.

(Reaffirmed A-25)

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Abbreviations for House of Delegates report origination:

EC – Executive Committee; BT – Board of Trustees; CPA – Council on Professional Affairs; JC – Judicial Council; CHS – Community and Health Services