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STATE

STATUTORY CITATION

PROVISIONS

Alaska

Alaska Stat. § 9.17.080(d)

Judgment to be entered against each liable party on the basis of several liability in accordance with each party's relative percentage of fault.

Arizona

Ariz. Rev. Stat. § 12-2506

In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint.

Not applicable to cases involving where both the party and the other person were acting in concert, the other person was acting as an agent or servant of the party, the party's liability for the fault of another person arises out of a duty created by the federal Employers' Liability Act.

Arkansas

Ark Code Ann. § 16-55-201 to § 16-55-220

In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

Statutes provide exceptions to the general rule and also provide a detailed explanation of how the rule is applied.

California

California Civ. Code Ann. §§ 1431, 1431.2

An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except for non-economic damages as provided in Section 1431.2, and except in the special cases mentioned in the title on the interpretation of contracts.

Each defendant is liable only for the amount of damages they are proportionately responsible for regarding non-economic damages.

Colorado

Colo. Rev. Stat. § 13-21-111.5

Personal injury, property damage, or wrongful death, each defendant is liable only for the amount of damages they are proportionately responsible for.

Not applicable in cases involving two or more individuals who consciously conspire to commit a tortious act.

Connecticut

Conn. Gen. Stat. § 52-572h

Personal injury, property damage or wrongful death, each defendant is liable only for the amount of damages they are proportionately responsible for.

If plaintiff is unable to collect after one year, court may determine the amount to be uncollectible and allocate the uncollectible portion among the remaining defendants.

Florida

Fla. Stat. § 768.81

The court shall enter judgment against each party liable on the basis of such party's percentage of fault and not on the basis of the doctrine of joint and several liability.

This section does not apply to any action brought by any person to recover actual economic damages resulting from pollution, to any action based upon an intentional tort, or to any cause of action as to which application of the doctrine of joint and several liability is specifically provided by chapter 403 (ENVIRONMENTAL CONTROL), chapter 498 (LAND SALES PRACTICES), chapter 517 (SECURITIES TRANSACTIONS), chapter 542 (COMBINATIONS RESTRICTING TRADE OR COMMERCE), or chapter 895 (OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS).

Georgia

Ga. Code Ann. §§ 51-12-31, 51-12-33

Eliminated joint and several liability in 2005. Damages are to be apportioned based on percentage of fault. Damages shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution.

Hawaii

Haw. Rev. Stat. § 663-10.9

Joint and several liability abolished except for the recovery of economic damages against joint tortfeasors in actions involving injury or death to persons and for the recovery of economic and noneconomic damages against joint tortfeasors in actions involving: (A) Intentional torts; (B) Torts relating to environmental pollution; (C) Toxic and asbestos-related torts; (D) Torts relating to aircraft accidents; (E) Strict and products liability torts; or (F) Torts relating to motor vehicle accidents with some exceptions.

Idaho

Idaho Code § 6-803

The negligence or comparative responsibility of each such party is to be compared individually to the negligence or comparative responsibility of the person recovering. Judgment against each such party shall be entered in an amount equal to each party's proportionate share of the total damages awarded.

Joint and several liability is limited to situations where defendants were acting in concert or when a person was acting as an agent or servant of another party which results in the commission of an intentional or reckless tortious act.

Illinois

740 Ill. Comp. Stat. 100/0.01 to 100/5

Eliminated the rule of joint and several liability and provided for contribution among responsible parties.

Best v. Taylor Machine Works, Inc., 689 N.E.2d 1057 (Ill. 1997).

The Illinois Supreme Court found that the Joint Tortfeasor Contribution Act violated the Illinois Constitution and rendered the act invalid. The statute has not been replaced by the Illinois legislature.

Indiana

Ind. Code § 34-51-2-8

Prohibits the application of joint and several liability in recovery of all damages. The jury shall multiply the percentage of fault of each defendant by the amount of damages and shall enter a verdict against each defendant (and such other defendants as are liable with the defendant by reason of their relationship to a defendant) in the amount of the product of the multiplication of each defendant's percentage of fault times the amount of damages.

Iowa

Iowa Code § 668.4

Abolishes joint liability for defendants found to be 50% or less at fault.

A defendant found to bear 50% or more of fault shall only be jointly and severally liable for economic damages and not for any noneconomic damage awards.

Kentucky

Ky. Rev. Stat. Ann. § 411.182

Defendant is only liable for their share of fault.

Louisiana

La. Rev. Stat. Ann. § 2324

He who conspires with another person to commit an intentional or willful act is answerable, in solido, with that person, for the damage caused by such act.

If liability is not solidary then liability for damages caused by two or more persons shall be a joint and divisible obligation. A joint tortfeasor shall not be liable for more than his degree of fault and shall not be solidarily liable with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss.

Massachusetts

Mass. Gen. Laws ch. 231B, §§ 1-4.

Provides for contribution among joint tortfeasors. Contribution is based upon pro rata share and not comparative degrees of fault.

Michigan

Mich. Comp. Laws §§ 600.2925a and 600.6304 to 600.6312

When 2 or more persons become jointly or severally liable in tort for the same injury to a person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

Bars application of the rule of joint and several liability in the recovery of all damages, except in certain instances that are prescribed in the statute.

Minnesota

Minn. Stat. § 604.02

When two or more persons are severally liable, contributions to awards shall be in proportion to the percentage of fault attributable to each, except that the following persons are jointly and severally liable for the whole award: (1) a person whose fault is greater than 50 percent; (2) two or more persons who act in a common scheme or plan that results in injury; (3) a person who commits an intentional tort; or (4) a specific list of acts that is spelled out in the statute.

Upon motion made not later than one year after judgment is entered, the court shall determine whether all or part of a party's equitable share of the obligation is uncollectible from that party and shall reallocate any uncollectible amount among the other parties, including a claimant at fault, according to their respective percentages of fault.

Mississippi

Miss. Code Ann. § 85-5-7

In any civil action based on fault, the liability for damages caused by two (2) or more persons shall be several only, and not joint and several and a joint tort-feasor shall be liable only for the amount of damages allocated to him in direct proportion to his percentage of fault.

Joint and several liability shall be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it. Any person held jointly and severally liable under this section shall have a right of contribution from his fellow defendants acting in concert.

Missouri

Mo. Rev. Stat. § 537.067

If a defendant is found to bear 51% percent or more of fault, then the defendant is jointly and severally liable for the entire judgment. If a defendant is found to bear less than 51% of fault, then the defendant shall only be responsible for the percentage of the judgment for which the defendant is determined to be responsible by the trier of fact.

Montana

Mont. Code Ann. § 27-1-703

Each party against whom recovery may be allowed is jointly and severally liable for the amount that may be awarded to the claimant but has the right of contribution from any other person whose negligence may have contributed as a proximate cause to the injury complained of. A party whose negligence is determined to be 50% or less of the combined negligence is severally liable only and is responsible only for the percentage of negligence attributable to that party. A party may be jointly liable for all damages caused by the negligence of another if both acted in concert in contributing to the claimant's damages or if one party acted as an agent of the other.

Nebraska

Neb. Rev. Stat. § 25-21,185.10

In an action involving more than one defendant when two or more defendants as part of a common enterprise or plan act in concert and cause harm, the liability of each such defendant for economic and noneconomic damages shall be joint and several.

In any other action involving more than one defendant, the liability of each defendant for economic damages shall be joint and several and the liability of each defendant for noneconomic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendant's percentage of negligence, and a separate judgment shall be rendered against that defendant for that amount.

Nevada

Nev. Rev. Stat. § 41.141

Abolishes joint and several liability.

Not applicable in cases involving strict liability, intentional tort, toxic substances, product liability or when defendants are found to have acted in concert.

New Hampshire

N.H. Rev. Stat. Ann. § 507:7-e

Each party is liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him.

Not applicable in cases where defendants acted in concert.

New Jersey

N.J. Stat. Ann. § 2A:15-5.3

The party recovering may recover as follows: (a.) The full amount of the damages from any party determined by the trier of fact to be 60% or more responsible for the total damages. (c.) Only that percentage of the damages directly attributable to that party's negligence or fault from any party determined by the trier of fact to be less than 60% responsible for the total damages.

Not applicable in environmental tort cases.

New Mexico

N.M. Stat. Ann. § 41-3A-1

Abolishes joint and several liability.

Not applicable in cases involving intentional tort, product liability, situations having sound basis in public policy, or situations where one defendant could be vicariously liable for the actions of others.

New York

N.Y. Civ. Prac. Laws & R. § 1601

Limits joint and several liability for noneconomic damages by establishing that defendants found 50% or less at fault are only severally liable.

North Dakota

N.D. Cent. Code § 32-03.2-02

When two or more parties are found to have contributed to the injury, the liability of each party is several only, and is not joint, and each party is liable only for the amount of damages attributable to the percentage of fault of that party, except that any persons who act in concert in committing a tortious act or aid or encourage the act, or ratifies or adopts the act for their benefit, are jointly liable for all damages attributable to their combined percentage of fault. Under this section, fault includes negligence, malpractice, absolute liability, dram shop liability, failure to warn, reckless or willful conduct, assumption of risk, misuse of product, failure to avoid injury, and product liability, including product liability involving negligence or strict liability or breach of warranty for product defect.

Ohio

Ohio Rev. Code Ann. § 2307.22

If two or more persons proximately caused the same injury or loss and the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant shall be jointly and severally liable for all compensatory damages that represent economic loss.

For each defendant determined responsible for fifty per cent or less of the tortious conduct, that defendant shall be liable to the plaintiff only for that defendant's proportionate share of the compensatory damages that represent economic loss.

If the trier of fact determines that fifty per cent or less of the tortious conduct is attributable to any defendant against whom an intentional tort claim has been alleged and established, that defendant shall be jointly and severally liable in tort for all compensatory damages that represent economic loss.

Oklahoma

Okla. Stat. tit. 23, § 15

The liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor.

A defendant shall be jointly and severally liable for the damages recoverable by the plaintiff if the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than fifty percent (50%).

If any joint tortfeasors acted with willful and wanton conduct or with reckless disregard of the consequences of the conduct and such conduct proximately caused the damages legally recoverable by the plaintiff, the liability for damages shall be joint and several.

Oregon

Or. Rev. Stat. Ann. § 31.610

Abolishes joint and several liability.

Not applicable in cases involving hazardous substance discharge or air/water pollution standard violations.

Pennsylvania

42 Pa. Consol. Stat. § 7102

Abolishes joint and several liability.

Not applicable in cases involving intentional tort or misrepresentation, release of hazardous substances, violations of the state liquor code.

South Carolina

S.C. Code Ann. § 15-38--15

A defendant whose conduct is determined to be less than fifty percent of the total fault shall only be liable for that percentage of the indivisible damages determined by the jury or trier of fact.

Does not apply to a defendant whose conduct is determined to be wilful, wanton, reckless, grossly negligent, or intentional or conduct involving the use, sale, or possession of alcohol or the illegal or illicit use, sale, or possession of drugs.

South Dakota

S.D. Codified Laws § 15-8-15.1

If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to that party.

Texas

Tex. Civ. Prac. & Rem.Code Ann. § 33.013

Abolishes joint liability for defendants found to be less than 51% at fault.

Not applicable to cases involving release of hazardous substances or toxic torts and a list of torts that are covered in the criminal code.

Utah

Utah Code Ann. § 78-27-40

Abolishes joint and several liability. The maximum amount for which a defendant may be liable to any person seeking recovery is that percentage or proportion of the damages equivalent to the percentage or proportion of fault attributed to that defendant. A defendant is not entitled to contribution from any other person.

Vermont

Vt. Stat. Ann. tit. 12, § 1036

Abolishes joint and several liability.

Virginia

Washington

Wash. Rev. Code § 4.22.070

Abolishes joint and several liability.

Not applicable in cases involving hazardous/or solid waste, tortious interference in contracts or other business relations, manufacture/marketing of generic products, and two or more defendants acting in concert.

West Virginia

W. Va. Code § 55-7B-9

In the trial of a medical professional liability action the court shall enter judgment of several, but not joint, liability against each defendant in accordance with the percentage of fault attributed to the defendant by the trier of fact.

W. Va. Code § 55-7-23

Each defendant is liable on the basis of the rules of joint and several liability, except that if any defendant is thirty percent or less at fault, then that defendant's liability shall be several and not joint and he or she shall be liable only for the damages attributable to him or her.

The rules of joint and several liability shall still apply to: (1) Any party who acted with the intention of inflicting injury or damage; (2) Any party who acted in concert with another person as part of a common plan or design resulting in harm; (3) Any party who negligently or willfully caused the unlawful emission, disposal or spillage of a toxic or hazardous substance; or (4) Any party strictly liable for the manufacture and sale of a defective product.

Wisconsin

Wis. Stat. Ann. § 895.045(1).

The liability of each person found to be causally negligent whose percentage of causal negligence is less than 51% is limited to the percentage of the total causal negligence attributed to that person. A person found to be causally negligent whose percentage of causal negligence is 51% or more shall be jointly and severally liable for the damages allowed.

Matthies v. Positive Manufacturing Co., 628 N.W.2d 842 (Wis. 2001).

The statute retroactively abolishing joint liability for any defendant found to be less than 51% at fault violated the Due Process Clauses of the State and Federal Constitutions. The Court was only ruling that the retroactive application was unconstitutional. The Court did not rule the statute is unconstitutional.

Wyoming

Wyo. Stat. Ann. § 1-1-109

Abolishes joint and several liability. Each defendant is liable only to the extent of that defendant's proportion of the total fault.