joint tortfeasors


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joint tortfeasors

n. two or more persons whose negligence in a single accident or event causes damages to another person. In many cases the joint tortfeasors are jointly and severally liable for the damages, meaning that any of them can be responsible to pay the entire amount, no matter how unequal the negligence of each party was. Example: Harry Hotrod is doing 90 miles an hour along a two-lane road in the early evening, Adele Aimster has stopped her car to study a map with her car sticking out into the lane by six inches. Hotrod swings out a couple of feet to miss Aimster's vehicle, never touches the brake, and hits Victor Victim, driving from the other direction, killing him. While Hotrod is grossly negligent for the high speed and failure to slow down, Aimster is also negligent for her car's slight intrusion into the lane. As a joint tortfeasor she may have to pay all the damages, particularly if Hotrod has no money or insurance. However, comparative negligence rules by statute or case law in most jurisdictions will apportion the liability by percentages of negligence among the tortfeasors (wrongdoers) and the injured party's. (See: negligence, comparative negligence)

joint tortfeasors

two or more persons responsible for a tort. Courts have power to allocate responsibility among the joint tortfeasors, but each is wholly and severally liable to the victim.
References in periodicals archive ?
claims brought by PRPs differently; because PRPs are joint tortfeasors,
tortfeasor are not joint tortfeasors and are not bound as solidary
The author covers tort and constitutional law in general, intentional torts, privileges, negligence, causation in fact, proximate cause, legal cause, the scope of liability, joint tortfeasors, damages, defenses, wrongful death and survival statutes, vicarious liability, strict liability, products liability, and insurance over the course of the bookAEs fourteen chapters.
When several tortfeasors have acted together, a joint and several liability rule may provide incentives to the joint tortfeasors for mutual monitoring.
In Florida, as most everywhere, the common law included the rules that contributory negligence of a plaintiff, however slight, barred recovery and that no-contribution was permitted among joint tortfeasors.
The judge said at the time: "I have determined that both defendants were involved in assisting the preparation, planting and detonation of the bomb in circumstances where those involved in assisting those acts would be joint tortfeasors [individuals who committed a wrongful act injuring another person].
At the time, the judge said: "Given the strength and quality of the evidence, I have determined that both defendants were involved in assisting the preparation, planting and detonation of the bomb in circumstances where those involved in assisting those acts would be joint tortfeasors [individuals who committed a wrongful act injuring another person].
Ytreberg, Apportionment of Punitive or Exemplary Damages as Between Joint Tortfeasors, 20 A.
The court held, inter alia, that although the Contribution Act gives a settling tortfeasor a right of contribution against other joint tortfeasors, that right is limited to situations where there are two or more joint tortfeasors wherein a recovery against any one of them even though judgment has not been entered against all or any one of them.
This results in the conclusion that the causative factors are not joint tortfeasors.
Under this framework, the party requesting the act (A) and the party carrying out the act (B) are joint tortfeasors vis-a-vis the third party suffering damages (C).
11) He observed that, while the two hunters were neither joint tortfeasors nor several concurrent tortfeasors, the prevailing apportionment legislation in the provinces would come to the plaintiff's aid.

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