Joint and Several Liability in Indiana
State-specific overview · Tort Law
Indiana applies joint and several liability only when a defendant's negligence exceeds 50% of total fault.
How Indiana treats Joint and Several Liability
Indiana Code § 34-51-2-1 restricts joint and several liability to defendants whose comparative fault is greater than 50%. Defendants with 50% or less fault are liable solely for their proportionate share of damages. This rule balances plaintiff recovery with fairness to defendants whose negligence was not the primary cause of injury.
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 Indiana.