Joint & Several Liability

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Joint & Several Liability by Mind Map: Joint & Several Liability

1. Each defendant is severally liable for its % share and jointly liable for the indivisible injury

1.1. Joint means any defendant is liable for the entire verdict. If Defendant 1 pays 100,000, can file contribution from defendant 2

1.2. Plaintiff may elect to recover entire amount from any one tortfeasor

2. Comparative Negligence (Jurisdiction-ally abolishes Joint and Several)

2.1. Feasability of apportioning fault on a comparative basis does not render an individsible injury divisible for joint and several liability

2.1.1. Concurrent tortfeasors liable for whole injury when his conduct is a proximate cause of injury

2.1.2. Fault is apportioned to the fault, not the injury

2.2. Would cause victim to be liable for the loss of the $ if the defendant can't get paid or is never found

2.2.1. Empty Chair Concept No defendant= plaintiff losses defendant's share of damages

2.3. Difference arises when one defendant cannot pay. Joint and several allows plaintiff to get full damages and then Defendant has burden to get damages

2.3.1. Without Joint and Several, plaintiff bears loss of the non-paying defendant

3. Tort Reform

3.1. Modified Defendants % of fault is lower than a certain threshold

3.1.1. 50% or greater, Joint and Severally liable

3.1.2. 20% Yours alone to pay

3.2. Immmunity of nonparty

3.2.1. Jury may apportion fault and it is damaging to plaintiff