Joint and Several Liability in Florida
State-specific overview · Tort Law
Florida abolished joint and several liability for non-economic damages; economic damages remain joint and several.
How Florida treats Joint and Several Liability
Florida law limits joint and several liability to economic damages only, meaning defendants can be held fully responsible only for medical bills, lost wages, and similar quantifiable losses. Non-economic damages (pain and suffering, emotional distress) are apportioned according to each defendant's percentage of fault. A defendant found 5% at fault pays only 5% of non-economic damages but could still owe 100% of economic 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 Florida.