Joint and Several Liability in California
State-specific overview · Tort Law
California restricts joint and several liability to economic damages; non-economic damages follow comparative fault percentages.
How California treats Joint and Several Liability
California law, codified in Civil Code Section 1431.2, limits joint and several liability to economic damages only. Non-economic damages are apportioned according to each defendant's percentage of comparative fault. This reform protects defendants from paying disproportionate amounts for pain and suffering when their fault is minimal, while preserving full recovery for concrete economic losses.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.