Joint and Several Liability in Oregon
State-specific overview · Tort Law
Oregon restricts joint and several liability to defendants found more than 15% at fault under ORS 31.600.
How Oregon treats Joint and Several Liability
Oregon Revised Statutes § 31.600 limits joint and several liability: a defendant is jointly and severally liable only if that defendant is more than 15% responsible for the plaintiff's injury. Defendants at or below 15% fault are liable only for their proportionate share. This threshold applies in most civil cases, protecting defendants with minor fault from bearing the entire judgment. Oregon's rule represents a middle ground between full joint and several liability and pure comparative fault systems.
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 Oregon.