Negligence: Sharing Liability Among Multiple Defendants

Question 1

Joint and Several Liability

Answer 1

(1) Two or more Ds are each liable for a single and indivisible harm to P;
(2) Each D is subject to liability to the P for the entire harm; and
(3) P can recover ALL damages from ANY negligent party

Question 2

Pure Several Liability

Answer 2

Each D liable for ONLY THEIR PROPORTIONATE SHARE

Question 3

Satisfaction and Release

Answer 3

Once P has recovered fully from one or a combination of D, P barred from pursuing further action against other tortfeasors

P generally may not receive double recovery

Question 4

Contribution

Answer 4

If two or more tortfeasors are subject to liability to the same P, and one of the tortfeasors has paid P more than their fair share of the common liability, then they generally may sue any of the other joint tortfeasors for contribution and recover anything paid in excess of their fair share

Question 5

Indemnification

Answer 5

Shifting of loss from vicariously liable tortfeasor to primarily responsible party