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.

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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.

Law & economics and tort law: a survey of scholarly opinion

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.

The constitutional rights of nonsettling potentially liable responsible parties in the allocation of CERCLA liability

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 importance of D'Amario v. Ford and how it protects Florida's consumers

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.

Is the National Practitioner Data Bank Working?

Twerski, The Joint Tortfeasor Legislative Revolt: A Rational Response to the Critics, 22 U.

Toxic apportionment: a causation and risk contribution model

Under general maritime law, an alleged tortfeasor may seek contribution, indemnity, or apportionment from one who may be comparatively negligent or a joint tortfeasor.

The vanishing doctrine of implied indemnity in maritime actions: maritime law has evolved to shape the needs of a changing society, and the Supreme Court has made serious inroads in simplifying the law

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.

Perils of third party practice in construction litigation: avoiding substantive and procedural pitfalls to preserve and assert your rights

The effect is that, in these cases, a joint tortfeasor will be liable only to the extent of its actual responsibility for the relevant harm.

2002: Australia's year zero of tort reform: but federal government's response is crucial: in the wake of the recommendations of the Ipp Report, legislation at the state and territory level will shape litigation for years to come

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.

Current decisions. (Decisions)

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.

Defending against contribution actions: using the UCATA bar to advantage: although jurisdictions vary, contribution can be escaped if parties seeking it acted "intentionally," "willfully" or "wantonly." But who was the actor?

Jenner,(3) which announced the proposition that a release given to one joint tortfeasor discharged all others from any further liability to the plaintiff.

Crediting payments by concurring tortfeasors: the decline and fall of the jury rule?

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.