Joint and Several Liability

Question 1

Addresses those situations where
more than one defendant is liable; and/or
where both plaintiff(s) and defendant(s) are liable and comparative negligence applies

Answer 1

Joint and Several Liability

Question 2

Where damages may be divided by legal causation

Answer 2

Divisible

Question 3

Where damages cannot be divided by legal causation

Answer 3

Indivisible

Question 4

Where P can collect full amount of judgment to which it is entitled (i.e., after applying the jurisdictional rules of comparative negligence, if any) against any one of the Ds up to the full amount of recovery

Answer 4

Complete (Pure) J & S:

Question 5

Allows P to recover total % of applicable D’s fault from a single D regardless of that individual D’s percentage of fault

Answer 5

Complete (Pure) J & S:

Question 6

does not apply to economic damages over a certain amount.

does not apply to non-economic damages, e.g., pain and suffering

does not apply to D who is less at fault than P where jurisdictional rule still permits P to recover

Note: In these cases, the parties are still liable for their respective percentage amounts – just not anyone else’s

Answer 6

Limited J &S:

Question 7

Each D is responsible for only the % of fault assigned to that D

Answer 7

Pure Several Liability: