The Issue

The legal doctrine of joint and several liability is a theory which permits a plaintiff to recover damages from multiple defendants collectively or from each defendant individually. Under this doctrine, a defendant who is only 1% responsible can be forced to pay 100% of the damages. This leads to widespread abuse, with lawsuits targeting financially solvent parties like schools, businesses and municipalities that were minimally at fault – in the hopes of extracting an easy settlement.

The Solution

LRANY supports a full repeal of the doctrine of joint and several liability, and the implementation of “Fair Share Liability” as Florida, Texas, and other states have done. Under this doctrine, defendants are only responsible for paying the percentage of the award for which they were responsible.

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For legislative memos and information, visit our Legislative Resources page.