Joint and Several Liability in New Jersey
State-specific overview · Tort Law
New Jersey limits joint and several liability to defendants whose fault exceeds 60% of total fault.
How New Jersey treats Joint and Several Liability
Under New Jersey law, a defendant is jointly and severally liable for the entire judgment only if that defendant's comparative fault is greater than 60%. Defendants whose fault is 60% or less are liable only for their proportional share of damages. This threshold significantly restricts traditional joint liability, protecting defendants with smaller fault percentages from bearing the full judgment amount. The rule applies to both economic and non-economic damages.
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 New Jersey.