Joint and Several Liability - Explained
Liabiliy of All Defendants
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is Joint and Several Liability?
Joint and several liability is a manner of apportioning liability among multiple parties. Joint and severally liable individuals are all liable to the plaintiff, but the entire award of damages may be recovered from any defendant.
What is Joint and Several Liability?
Joint and several liability will only apply when there is more than one tortfeasor. Parties that are jointly liable are assessed a certain amount of damages. Joint and severally liable individuals are all liable to the plaintiff for the entire judgment. The plaintiff can recover the entire amount from any single or multiple defendants.
- Note: Joint and several liability is a windfall for plaintiffs who can seek recovery from one party and allow that party to seek any level of contribution from a joint tortfeasor.
- Example: Ann is a huge fan of Justin, the singer. She follows him all over the country and is somewhat of a stalker. She calls hotels when he is in town in an attempt to identify where he will be staying. She calls the hotel and learns that Justin will be staying on the third floor. She asks to rent the room next to him. When Justin arrives, she secretly records him singing in his room and posts it to YouTube. This severely hurts Justin's career when folks learn that his singing is actually auto tune and he cannot carry a note. Justin sues Ann and the hotel. The court awards joint liability of $1 million against Ann and the hotel. If the court awards joint and several liability, Justin can recover the $2 million against the hotel or Ann. The hotel or Ann would then have to work to seek $1 million contribution from the other.
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