When multiple tortfeasors are involved, liability is described as joint and several. What does this mean?

When multiple tortfeasors are involved, liability is described as joint and several. What does this mean?

• A. Each liable only for their own acts
• B. They are jointly and severally liable for the entire amount
• C. Liability is proportional
• D. Arbitration

Answer: (B)

Joint and several liability means that when more than one person is at fault, the plaintiff can recover the full amount of damages from any one of the responsible parties, and that party can then seek contribution from the others for their shares. This protects the injured party if some defendants can’t pay and keeps all at-fault parties accountable. It’s not about each paying only what they did (that would be several liability), nor about dividing the total damage strictly by percentage beforehand. Arbitration is simply a dispute-resolution method and not the principle at play here.

Joint and several liability means that when more than one person is at fault, the plaintiff can recover the full amount of damages from any one of the responsible parties, and that party can then seek contribution from the others for their shares. This protects the injured party if some defendants can’t pay and keeps all at-fault parties accountable. It’s not about each paying only what they did (that would be several liability), nor about dividing the total damage strictly by percentage beforehand. Arbitration is simply a dispute-resolution method and not the principle at play here.