Joint and several liability is a rule that can make one defendant responsible for all recoverable damages when multiple defendants contributed to the same harm.
Why joint and several liability matters
Joint and several liability matters because it affects who bears the risk that another responsible party cannot pay. In some systems, an injured plaintiff may collect the full judgment from one liable defendant, leaving that defendant to seek contribution from others.
Many states limit, modify, or reject joint and several liability in some situations.
Where joint and several liability appears
Joint and several liability appears in tort lawsuits, multi-defendant litigation, settlement negotiations, allocation-of-fault disputes, contribution claims, and judgment collection.
Practical example
Two defendants are found responsible for a single injury. If joint and several liability applies, the plaintiff may be able to collect the full recoverable amount from one defendant even if that defendant later seeks reimbursement from the other.
How joint and several liability differs from nearby terms
Joint and several liability differs from comparative negligence because comparative negligence allocates fault, often including the plaintiff’s share. It differs from several-only liability because several-only liability limits each defendant to that defendant’s assigned share.
Related terms
Quick knowledge check
Why can joint and several liability matter when one defendant cannot pay?