Joint and Several Liability Laws and Proportionate/Proportional Responsibility

"Joint and several liability" refers to the legal principle wherein multiple parties can be held liable for the same event or act and be responsible for all restitution. This means a plaintiff can sue any of the responsible parties, either individually or collectively, for the full amount of damages. If one defendant is made to pay the full amount, they may then seek contribution from the other responsible parties.

However, the way joint and several liability is applied varies from state to state. Here's a broad breakdown:

1. Pure Joint and Several Liability: In these jurisdictions, any defendant found liable can be held responsible for the full amount of the damages, regardless of their percentage of fault. It's up to that defendant to then collect from co-defendants for their share.

2. Several Only Liability: In these jurisdictions, each defendant is only responsible for damages in proportion to their percentage of fault. Plaintiffs cannot collect more than the adjudicated share of liability from any single defendant.

3. Hybrid Systems: Some states have adopted a hybrid approach. For example, a state might apply joint and several liability only for certain types of damages (like medical expenses) but not others (like pain and suffering). Or, the state might use a threshold system where joint and several liability applies if a defendant is more than a certain percentage at fault.

States with Proportionate (Several Only) Responsibility Laws:

Many states have shifted from pure joint and several liability to several-only liability or have adopted hybrid systems. This is often in response to tort reform efforts. Examples of states with some form of proportionate responsibility or several-only liability include:

• Texas

• Alaska

• Arizona

• Kansas

• Utah

• Oklahoma

This list isn't exhaustive, and the exact nature of the laws can vary even within these general categories. For example, Texas adopted a "modified proportional responsibility" system where a defendant is only liable for their percentage of fault unless they are more than 50% at fault, in which case they can be held jointly and severally liable for the whole amount.

Always consult the specific laws of a given state and consider seeking legal advice if you have questions about liability in a particular jurisdiction. Laws can change, and nuances in individual cases can affect how they're applied.

This concept of joint and several liability was recently in the news in the wrongful death lawsuit involving the infamous Murdaugh murder case and preceeding deadly boating accident. Seperate from the well-publicized double-murder case of Alex Murdaugh, a civil lawsuit against convenience store chain Parker’s for selling alcohol to a minor prior to the boat crash. In anticipation of a jury decision under South Carolina’s Joint and Several Liability laws, the chain’s insurer opted to settle with the relevant parties directly.

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