Joint and Several Liability in Kentucky
State-specific overview · Tort Law
Kentucky applies joint and several liability without restriction, allowing recovery of full damages from any defendant.
How Kentucky treats Joint and Several Liability
Kentucky courts enforce traditional joint and several liability in civil cases, meaning a plaintiff can pursue the entire judgment against any single defendant, regardless of that defendant's proportional fault. Kentucky has not enacted comparative fault caps on joint and several liability. This rule applies to personal injury, wrongful death, and property damage claims.
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 Kentucky.