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What is Joint And Several Liability and When Does it Apply?

By January 25, 2023No Comments

Joint and several liability is a legal concept that applies when multiple parties are responsible for causing harm or damage. It means that each party is individually liable for the full amount of the harm or damage, regardless of their individual level of responsibility.

For example, if three people are involved in a car accident and one person is found to be 80% responsible, while the other two are found to be 10% responsible each, under joint and several liability, each person would be liable for the full amount of the damages. This means that the person found to be 80% responsible would be liable for 100% of the damages, and the other two also would be liable for 100%. This of course, in the scenario that one or the other does not pay the judgment. If everybody pays their assigned liability, joint and several liability would not apply.

Joint and several liability applies in a variety of situations, including personal injury cases, product liability cases, and environmental damage cases. It is often used in cases where the harm caused is significant and the responsible parties do not have the financial resources to fully compensate the victims.

There are some states in the U.S that have modified joint and several liability, which is known as proportionate liability. Under proportionate liability, each party is only liable for the percentage of damages that corresponds to their level of responsibility. This can limit the financial burden on parties who are only marginally responsible for the harm caused.

In conclusion, Joint and Several Liability is a legal principle that holds multiple parties liable for the full amount of harm or damage caused, regardless of their individual level of responsibility. It is often used in cases where the harm caused is significant and the responsible parties do not have the financial resources to fully compensate the victims. It is important to note that some states in the U.S have modified joint and several liability and it is known as proportionate liability.

For more information about litigation or business disputes, contact and experienced business attorney at Ayala at 305-570-2208 or email trial attorney Eduardo A. Maura at Eduardo@ayalalawpa.com

You can also schedule a case evaluation on line with an attorney at: https://www.lawayala.com/consultation/

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