Torts-Joint and Severally Liability
Another important principle in liability in a tort action is joint and several liability. Under the principle of joint and several liability, each defendant is 100% liable for the judgment that is rendered. This principle has been under a good deal of attack lately because it can create circumstances wherein a defendant can wind up paying more than his or her fair share of any judgment, especially if the other defendant cannot afford to pay.
Joint and several liability is something that is well ingrained into our legal system. The rationale behind it is to make sure that the plaintiff can obtain full recovery for whatever judgment is entered. It then becomes the burden of the defendants against whom the judgment has been entered to fight among themselves as to any eventual sharing of that liability.
