This bill amends the Revised Judicature Act of 1961 by adding a new section, 2980, which establishes the liability of brokers and carriers for damages resulting from the ownership, maintenance, or use of commercial motor vehicles. Under this new provision, a broker or carrier can be held liable if they hire, retain, supervise, or train an employee or independent contractor who has a specific unfitness that poses a danger to third parties. The bill outlines several criteria that must be met for liability to apply, including the broker or carrier's knowledge of the employee's or contractor's unfitness and the foreseeability of injury to others.

Additionally, the bill clarifies definitions for key terms such as "broker," "carrier," "commercial motor vehicle," and "particular unfitness." It specifies that "particular unfitness" refers to specific traits or prior conduct that indicate an individual is unsuited for a task, excluding general incompetence. However, the liability outlined in subsection (1) does not apply if the damages arise from a tort for which liability is abolished under existing insurance code provisions.

Statutes affected:
House Introduced Bill: 600.101, 600.9947