Joint and Several Liability in New York
State-specific overview · Tort Law
New York limits joint and several liability for non-economic damages when a defendant is less than 50% at fault.
How New York treats Joint and Several Liability
Under New York law, a defendant who is less than 50% responsible cannot be held jointly and severally liable for non-economic damages (pain and suffering). However, defendants 50% or more at fault remain fully liable for all damages, including non-economic ones. Economic damages (medical bills, lost wages) remain fully recoverable from any defendant regardless of fault percentage. This rule applies in personal injury cases and creates a significant threshold at the 50% mark.
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 York.