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Joint And Several Liability
Joint and several liability is a legal doctrine that applies when two or more parties are found responsible for causing harm or damage to a plaintiff. Under this principle, each party is independently liable for the full extent of the injury or damages, meaning the plaintiff can seek to recover the entire judgment from any one of the defendants, regardless of their individual share of fault.
Key Features of Joint and Several Liability
- Full Recovery from Any Defendant: The plaintiff may collect the full amount of damages from any one defendant, even if that defendant was only partially at fault.
- Indivisible Injury: This doctrine is often used in cases where the harm caused is indivisible—meaning it is impossible or impractical to determine which defendant caused which part of the injury.
- Contribution Rights: A defendant who pays more than their share of the judgment may seek contribution from the other defendants to recover the excess amount.
- Common Applications: Joint and several liability is frequently applied in tort cases, such as personal injury, toxic torts, and contract disputes involving multiple parties.
Example
Suppose three individuals (A, B, and C) negligently cause $1,000,000 in damages to a plaintiff. If joint and several liability applies, the plaintiff can demand the full $1,000,000 from any one of them. If A pays the full amount, A can then seek contribution from B and C for their respective shares.
Summary Table
| Feature | Description |
|---|---|
| Full liability | Each defendant can be held responsible for the entire judgment |
| Plaintiff’s recovery | Plaintiff can collect full damages from any defendant |
| Contribution | Defendant who pays more than their share can seek reimbursement from others |
| Common uses | Tort cases, contract disputes, toxic torts |
This doctrine ensures that plaintiffs are not left uncompensated if some defendants are unable to pay, but it also means that defendants may be responsible for more than their proportional share of fault.