JOINT AND SEVERAL LIABILITY
A designation of liability by which members of a
group are either individually or mutually respon-
sible to a party in whose favor a judgment has
been awarded.
Joint and several liability is a form of liabil-
ity that is used in civil cases where two or more
people are found liable for damages. The win-
ning plaintiff in such a case may collect the
entire judgment from any one of the parties, or
from any and all of the parties in various
amounts until the judgment is paid in full. In
other words, if any of the defendants do not
have enough money or assets to pay an equal
share of the award, the other defendants must
make up the difference.
Defendants in a civil suit can be held jointly
and severally liable only if their concurrent acts
brought about the harm to the plaintiff. The acts
of the defendants do not have to be simultane-
ous: they must simply contribute to the same
event. For example, assume that an electrician
negligently installs an electrical line. Years later,
another electrician inspects the line and
approves it. When the plaintiff is subsequently
injured by a short circuit in the line, the plaintiff
may sue both electricians and hold them jointly
and severally liable.
Joint and several liability can also arise where
a HUSBAND AND WIFE or members of an organi-
zation owe the government income taxes. In such
cases, the revenue agency may collect on the debt
from any and all of the debtors. In a contractual
situation,where two or more persons are respon-
sible for the same performance and default on
their obligations, a nondefaulting party may
hold any and all parties liable for damages result-
ing from the breach of performance.
A small number of states do not strictly fol-
low the doctrine of joint and several liability. In
such jurisdictions, called comparative NEGLI-
GENCE jurisdictions, liability is prorated accord-
ing to the percentage of the total damages
