What is Joint and Several Liability?
A legal doctrine that allows a plaintiff to recover the full amount of damages from any one defendant, regardless of that defendant's individual share of fault.
Understanding Joint and Several Liability
Under joint and several liability, if multiple defendants are found liable, the plaintiff can collect the entire judgment from any defendant who has the ability to pay. That defendant may then seek contribution from other liable parties. Some states have modified or abolished this doctrine in favor of proportionate liability.
Examples
- 1Car accident with multiple at-fault drivers
- 2Product liability case against manufacturer and retailer
- 3Premises liability involving property owner and contractor
Related Terms
Liability
Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Personal Injury
A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
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