Joint and Several Liability in North Dakota
State-specific overview · Tort Law
North Dakota applies joint and several liability but limits it when a defendant's fault is less than 50% in comparative fault cases.
How North Dakota treats Joint and Several Liability
Under North Dakota's comparative fault system, a defendant bearing less than 50% of the fault cannot be held jointly and severally liable for non-economic damages. Defendants at 50% or greater fault remain fully liable for all damages. Economic damages can generally be recovered from any defendant. This limitation encourages settlement and prevents defendants with minor fault from bearing disproportionate liability.
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 North Dakota.