The law of joint and several liability might be invoked when two or more parties are each independently liable for the entire amount of an injury victim’s damages. This rule applies, regardless of the percentage of fault attributable to those parties.
On the basis of this general rule, a party that is determined to be jointly and severally liable but was determined to be only 30% at fault for an accident could be held 100% liable for all of the damages that a victim suffers. The rationale behind joint and several liability is that accident victims should be able to be compensated for accidents that they didn’t cause. The defendants can determine their percentages of fault between themselves. Joint and several liability has been persistently attacked over history as being inequitable. That’s why many states have modified the rule.
If you or a loved one have a case involving joint and several liability, contact us for a free consultation and we will explain your rights to you.
California’s Version of Joint and Several Liability
In cases based on the law of negligence, joint and several liability is only allowed for purposes of economic damages like medical bills, lost earnings or property damage. It doesn’t contemplate compensating a victim for non-economic damages like pain and suffering, any permanent disfigurement or disability or loss of consortium. For purposes of non-economic damages, each defendant is liable for damages in an amount attributable to their own percentage of fault.
Contribution
Pursuant to section 875 of the California Civil Code, a defendant who is determined to be jointly and severally liable for either an intentional or negligent act or omission can pursue contribution from other defendants to the extent of the percentage of negligence attributable to them. In cases involving intentional acts or omissions, the law of joint and several liability appears to apply to all defendants for both economic and non-economic damages.
How are Percentages of Fault Determined?
If no settlement is entered into that disposes of a case in its entirety, a jury will need to make the determination of the percentage of fault attributable to each defendant. If the event of a bench trial without a jury, a judge will make that determination.
Contact a California Joint and Several Liability Lawyer Today
Any case when two or more defendants are involved in the same accident and injury is going to put the victim in the middle while the defendants are pointing their fingers at each other. An experienced and aggressive California personal injury needs to be consulted with and retained as soon as possible. Contact our California personal injury lawyer at Maison Law as soon as possible for a free consultation and case evaluation. He knows how to stop the finger pointing and obtain the compensation for your injuries and damages that you deserve.
