Joint and Several Liability in Massachusetts
State-specific overview · Tort Law
Massachusetts allows joint and several liability for all defendants, with no comparative fault limitations.
How Massachusetts treats Joint and Several Liability
Massachusetts courts apply traditional joint and several liability across all tort cases, meaning any defendant can be held responsible for the entire judgment regardless of their percentage of fault. This rule applies uniformly whether the case involves negligence, strict liability, or intentional torts. Massachusetts has not adopted comparative negligence limitations that would restrict joint liability based on a defendant's 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 Massachusetts.