What does "joint and several liability" mean?

Torts Restatement Problems Test: Elevate your understanding with quizzes, flashcards, and explanations designed to reinforce key concepts and improve your score. Start your preparation today!

"Joint and several liability" means that in cases where multiple defendants are found liable for the same harm, each defendant can be held responsible for the entire amount of the damages awarded to the plaintiff. This enables the plaintiff to recover full damages from any one of the defendants, regardless of that defendant's individual share of liability.

This principle ensures that a plaintiff does not have to pursue multiple defendants for damages one by one, which can be time-consuming and complicated. Instead, they can choose to recover the total damages from one defendant who has the means to pay, making it more efficient for the plaintiff to receive full compensation for their injuries or losses.

While the notion of defendants being responsible for their portion can lead to misunderstandings, it’s essential to recognize that under joint and several liability, a plaintiff does not have to concern themselves with apportioning damages among several defendants. Instead, they have the option to go after any one of them for the total damages. This mechanism helps ensure that plaintiffs have a viable means to collect damages even when some defendants may not be able to pay.

The other options, while mentioning elements of liability, do not accurately capture the full essence and application of "joint and several liability" in tort law.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy