Joint and several liability is a legal concept that involves multiple parties sharing responsibility in a lawsuit. This means that a plaintiff can sue any or all parties and collect the total damages awarded by a court from any or all of them.
In such cases, all parties are collectively responsible for the total amount awarded, and if one party fails to pay, the others may need to cover the shortfall.
How Does Joint and Several Liability Work?
Joint and several liability benefits the plaintiff by allowing them to pursue full payment from the party with the most financial resources if others can’t pay. However, if all parties are insolvent and uninsured, the plaintiff may not receive any compensation.
In contrast, comparative fault assigns responsibility based on the degree of fault each party bears, potentially leaving the plaintiff seeking damages from the least financially capable party.
Criticism of Joint and Several Liability
Joint and several liability is criticized for potentially imposing disproportionate financial burdens on parties with minor responsibility for an incident. This approach tends to favor plaintiffs in recovering damages.
Example of a Joint and Several Liability Suit
An example of joint and several liability could involve workers who suffered illnesses from exposure to hazardous materials at multiple job sites due to inadequate safety measures by various employers.
What Does It Mean to Be Jointly and Severally Liable?
Joint and several liability makes all parties in a lawsuit responsible for damages up to the entire amount awarded. If one party can’t pay, others must cover the shortfall.
What Is Several But Not Joint Liability?
Several liability, or proportionate liability, holds each party accountable only for their specific obligations, contrasting with joint liability where all parties are responsible collectively.
What Is the Purpose of Joint and Several Liability?
Joint and several liability aims to prevent a single party from bearing the full financial burden in a legal dispute by allowing the plaintiff to seek full payment from financially capable parties.
The Bottom Line
Joint and several liability makes all parties in a lawsuit collectively responsible for damages. If one party can’t pay, others must cover the shortfall until the total obligation is met.