Joint and Several Liability in West Virginia
State-specific overview · Tort Law
West Virginia applies joint and several liability fully but limits it when a defendant's fault is below a certain threshold.
How West Virginia treats Joint and Several Liability
West Virginia generally permits joint and several liability for all damages when defendants act together or when one defendant's negligence is substantial. However, defendants with minimal fault percentages may have proportional liability only, depending on the circumstances and comparative fault findings. The state recognizes contribution rights among defendants to prevent unjust enrichment. Courts examine the nature and degree of each defendant's conduct when determining joint liability applicability.
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 West Virginia.