Joint and Several Liability in Louisiana
State-specific overview · Tort Law
Louisiana uses proportional liability based on comparative fault; defendants pay only their percentage share, not joint and several.
How Louisiana treats Joint and Several Liability
Louisiana's Civil Code operates under a pure comparative fault system where each defendant is liable only for the percentage of fault assigned to them, not for the full judgment. This differs fundamentally from joint and several liability in other states. Louisiana does not recognize traditional joint and several liability except in specific statutory contexts such as environmental contamination or certain toxic tort cases. Plaintiffs must collect from each defendant according to their assigned fault percentage.
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 Louisiana.