Joint and Several Liability by State - Independent Agent

[Pages:2]Joint and Several Liability by State

Pure Joint and Several Liability

Alabama Delaware Maryland Massachusetts North Carolina Rhode Island Virginia

Pure Several Liability

Alaska Arizona Arkansas Connecticut Florida Georgia Indiana Kansas Kentucky Michigan Tennessee Utah Vermont Wyoming

Modified Joint and Several Liability

California Colorado Hawaii Idaho Illinois Iowa Louisiana Maine Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Dakota Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Texas Washington West Virginia Wisconsin

Joint and Several Liability by State

Pure Joint and Several Liability

Each tortfeasor is responsible for the entire amount of the damage regardless of the percentage of fault. The impetus is on the tortfeasors to gain contribution from other at-fault parties. This is the least common rule of contribution.

Pure Several Liability

Each tortfeasor is responsible only for his/her/its percentage of liability. The injured party is responsible for pulling in all the potentially at-fault parties.

Modified Joint and Several Liability

The middle ground between Pure Joint and Several and Pure Several. In these states, a tortfeasor can be held responsible for the entire amount of the damages only if he/she/it is at fault beyond a certain percentage. This is the most common rule of contribution.

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