Joint and Several Liability in Texas
State-specific overview · Tort Law
Texas abolished joint and several liability for most defendants, limiting full liability to those responsible for more than 50% of damages.
How Texas treats Joint and Several Liability
Texas law generally restricts joint and several liability to defendants whose percentage of responsibility exceeds 50% of the total damages. Defendants found less than 50% at fault are liable only for their proportionate share. This applies to most civil cases, though limited exceptions exist for certain claims like environmental contamination or asbestos exposure. The rule significantly reduces plaintiff recovery options when multiple defendants share 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 Texas.