Joint and Several Liability in Tennessee
State-specific overview · Tort Law
Tennessee limits joint and several liability to defendants whose fault exceeds 50%, protecting defendants with minor fault shares.
How Tennessee treats Joint and Several Liability
Under Tennessee law, a defendant is jointly and severally liable only if that defendant's negligence is greater than or equal to the combined negligence of all other defendants and the plaintiff. This means a defendant with less than 50% fault cannot be held responsible for the full judgment amount. Defendants with 50% or greater fault remain fully liable for all damages. This rule significantly restricts plaintiff recovery options compared to traditional joint and several liability jurisdictions.
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 Tennessee.