joint and several liability

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joint and several liability

(in law) a condition in which several persons share the liability for a plaintiff 's injury and may be found liable individually or as a group.
References in periodicals archive ?
Lewis--rested on the fact that the hunters were joint tortfeasors.
84) "Prior to the [enactment of Article 16,] a joint tortfeasor could be held liable for an entire judgment, regardless of the relative share of culpability.
14) The court, however, specifically noted that it was not attempting to answer the question of whether an automobile manufacturer in a crashworthiness case is a joint tortfeasor with the person that causes the primary collision, or whether a defense of comparative negligence would be appropriate in such cases.
This is particularly so when our existing law of comparative contribution among joint tortfeasors is adequate to address issues of liability among physicians and drug companies in those cases where patients sue for injuries related to the use of prescription drugs.
Collaboration can result in therapists being classified in law as joint tortfeasors.
115) In contrast, there is no equitable principle am would allow a group of joint tortfeasors to conspire in shifting their equitable share of the liability to another joint tortfeasor.
Since the first and the second collision parties are not joint tortfeasors, there cannot be any contribution and therefore no setoffs.
The percentage share did not represent the amount of harm a defendant caused, but rather the amount other joint tortfeasors could require it to contribute.
The doctrine of joint and several liability permits a winning plaintiff to recover from any combination of joint tortfeasors, from one to all of those sued, subject only to the constraint that she not collect more than court awarded damages.
Contribution assumes that a determination has been made that multiple defendants are joint tortfeasors, but because apportionment would obviate the need for finding that liability is joint, there would be no occasion to resort to contribution.
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