Joint and Several Liability in Maine
State-specific overview · Tort Law
Maine applies joint and several liability for all defendants unless comparative negligence reduces a defendant's share below 60%.
How Maine treats Joint and Several Liability
Maine law allows joint and several liability when a defendant's comparative negligence is 60% or greater. If a defendant is found less than 60% at fault, that defendant is liable only for their proportional share. This threshold creates a hybrid system where defendants with substantial fault remain fully exposed, but minor defendants receive proportional liability protection. The rule applies across personal injury and property damage cases.
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 Maine.