Joint and Several Liability in Delaware
State-specific overview · Tort Law
Delaware applies joint and several liability to economic damages only; non-economic damages are proportionate.
How Delaware treats Joint and Several Liability
Delaware distinguishes between economic damages (medical expenses, lost income), which remain jointly and severally liable, and non-economic damages (pain and suffering), which are allocated proportionately. A defendant remains fully responsible for economic losses regardless of comparative fault percentage. This approach balances plaintiff protection for tangible losses with defendant fairness on subjective damages.
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 Delaware.