Liability

What is Joint and Several Liability?

A doctrine that allows a plaintiff to recover the full amount of damages from any one of multiple defendants, regardless of each defendant's percentage of fault.

Definition

When multiple defendants are jointly and severally liable, the plaintiff can collect 100% of damages from any single defendant — leaving that defendant to seek contribution from co-defendants. Many states have abolished or limited joint and several liability in favor of proportional liability.

How it applies in personal injury cases

Critical when one defendant has deep pockets and others are insolvent or underinsured. In states that retain joint and several liability, the case math changes significantly — a 10%-fault solvent defendant can still pay the full judgment. Knowing whether your state retains it shapes settlement strategy.

Related terms

Vicarious Liability

A doctrine that holds one party legally responsible for the negligent acts of another, typically based on a relationship like employer-employee.

Comparative Negligence

A doctrine that reduces a plaintiff's recovery by their percentage of fault for the injury.

Policy Limits

The maximum amount an insurance company will pay under a specific policy for a covered loss.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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