Joint And Several Liability

Joint and several liability is a type of liability that applies to cases where multiple parties, other than the injured, have been faulted for negligence. It is used in many jurisdictions — in contrast to several liability, joint liability, or proportionate liability. According to joint and several liability, the injured party does not need to concern himself or herself about who was liable, or to what amount. As long as the injured party sues any one of the offenders, they can receive all of the damages the incurred, in full amount. It does not matter whether the person sued was only 1% liable or if they were 99% liable. Involvement as an offender in an accident makes it reason enough to be sued and pay all damages. After one of the offenders is sued, it is their responsibility to figure out how to recover the portion of damage for which they are not responsible. This can be accomplished in one of two ways: either by joining the other offender as part of the same lawsuit, or by suing them separately to recover their portion of the damages.

Fast Facts

  • not all states support joint and several liability
  • if one defendant hasn't the money to pay, the others still must pay and recover later

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