NAMIC Issue | Joint & Several Liability Reforms

Joint & Several Liability Reforms [S]

Our Position

Joint and several liability is a theory of recovery that permits the plaintiff to recover damages from multiple defendants collectively or from each defendant individually. This rule is neither fair, nor rational, because it fails to equitably distribute liability. The rule allows a defendant only minimally liable for a given harm to be forced to pay the entire judgment, where the co-defendants are unable to pay their share. NAMIC supports replacing the rule with the rule of proportionate liability where each co-defendant is proportionally liable for the plaintiff’s harm.