Joint and Several Liability in Michigan
State-specific overview · Tort Law
Michigan limits joint and several liability to defendants found more than 50% at fault.
How Michigan treats Joint and Several Liability
Under Michigan's comparative negligence system, a defendant is jointly and severally liable only if that defendant is more than 50% responsible for the plaintiff's injury. Defendants found 50% or less at fault are liable only for their proportionate share of damages. This rule significantly restricts the traditional joint and several liability doctrine and protects defendants with minor fault from bearing the entire judgment.
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 Michigan.