Torts

Joint and Several Liability

Definition

Joint and several liability is a doctrine that holds each defendant individually liable for the full amount of the plaintiff's damages, regardless of that defendant's proportionate share of fault. The plaintiff may collect the entire judgment from any one defendant, and that defendant must then seek contribution from the other defendants. Many jurisdictions have modified or abolished joint and several liability through tort reform legislation, replacing it with proportionate liability.

Example

Two manufacturers produce a defective component. Under joint and several liability, the plaintiff can collect 100% of the damages from either manufacturer.

Related Case Briefs

Study Torts with Briefly

Master torts concepts with AI-powered case briefs, cold call drills, flashcards, and more. Start your 7-day free trial.