LawMeaning

Joint and Several Liability

In one sentence

Multiple defendants can each be held fully responsible for the entire judgment, not just their share.

Plain English

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.

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Example

Two drivers are involved in a car accident that injures a passenger. The passenger sues both drivers and wins a $50,000 judgment. The passenger can collect the full $50,000 from either driver, even if one driver is judgment-proof or has no insurance.

Used in a sentence

“Under joint and several liability, the plaintiff could recover the entire judgment from any single defendant.”

Related terms

Damages Calculation
The process of determining how much money a harmed party should receive for a breach.
Mitigation of Damages
A duty to take reasonable steps to minimize losses caused by another party's breach.
Negligent Misrepresentation
A false statement made without reasonable care for its truth, causing harm to the other party.
Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Breach of Warranty
Failing to fulfill a promise or guarantee made about a product or service.
Negligence
Failure to exercise reasonable care that results in harm to another person.
Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.