Joint and Several Liability

Question 1

Explain the traditional rule of Joint and Several Liability?

Answer 1

The traditional rule of joint and several liability means that the plaintiff may collect all or a portin of the damages from any defendant.

Question 2

What if there is more than one tortfeasor that acted together?

Answer 2

Joint and several liability may arise from the concerted action of two or more tortfeasors.

Question 3

What if there is more than one tortfeasor but they didn’t act together?

Answer 3

Joint and several liability may arise from two independent actors causing an invidisible injury.

Question 4

What if there is a failure of a common duty?

Answer 4

Joint and several liability may arise from failures in a common duty.

Question 5

Do courts and factfinders apportion the fault and damages?

Answer 5

Yes. Most Jurisdictions alter joint and several liability to require the factfinder to apportion fault and the judge to aportion damages among liable defendants.