Joint Tortfeasor

Joint Tortfeasor

Two or more individuals with joint and several liability in a tort action for the same injury to the same person or property.

To be considered joint tortfeasors, the parties must act together in committing the wrong, or their acts, if independent of each other, must unite in causing a single injury. All who actively participate in the commission of a civil wrong are joint tortfeasors. Persons responsible for separate acts of Negligence that combine in causing an injury are joint tortfeasors. The plaintiff has the option of suing one or more of the tortfeasors, either individually or as a group.

If the plaintiff is awarded damages, each joint tortfeasor is responsible for paying a portion of the damages, based on the percentage of the injury caused by his or her negligent act. The defendant who pays more than his or her share of the damages, or who pays more than he or she is at fault for, may bring an action to recover from the other culpable defendants under the principle of contribution.

References in periodicals archive ?
59) Thus, for example, Landes and Posner argue that while the doctrine of joint and several liability is efficient, in the sense that it provides an ex ante incentive for each joint tortfeasor to exercise due care, nevertheless the rule, when combined in practice with contribution (whereby some tortfeasors may be required to indemnify other tortfeasors), entails relatively high administrative costs.
115) In contrast, there is no equitable principle am would allow a group of joint tortfeasors to conspire in shifting their equitable share of the liability to another joint tortfeasor.
14) The court, however, specifically noted that it was not attempting to answer the question of whether an automobile manufacturer in a crashworthiness case is a joint tortfeasor with the person that causes the primary collision, or whether a defense of comparative negligence would be appropriate in such cases.
The fact that the amount of damages awarded was less than the amount paid by a joint tortfeasor to settle did not justify judgment for the defendant.
Twerski, The Joint Tortfeasor Legislative Revolt: A Rational Response to the Critics, 22 U.
Under general maritime law, an alleged tortfeasor may seek contribution, indemnity, or apportionment from one who may be comparatively negligent or a joint tortfeasor.
In doing so, the court noted that the Illinois Supreme Court has consistently held that "anytime a joint tortfeasor fails to bring his contribution claim in the original action, any claim to contribution is thereafter a nullity.
The trial judge reasoned that because American had signed a series of International Air Transport Association intercarrier agreements, it was liable to international passengers in contract, not in tort, and thus could not be a joint tortfeasor.
1) Section 1 also deals with the bar to contribution for intentional misconduct, the effect of settlement by less than all tortfeasors, and the liability insurer's extra-contractual right to subrogation on its insured's contribution claim as a joint tortfeasor, if any.
Jenner,(3) which announced the proposition that a release given to one joint tortfeasor discharged all others from any further liability to the plaintiff.
In other words, the rule can be stated that joint tortfeasor A will be entitled to contribution from joint tortfeasor B, unless B is entitled to indemnity from A.

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