Archive: Joint and Several Liability

  • Fair Share Act June 21, 2013

    Fair Share Act Summary ALEC’s model Fair Share Act provides that each defendant is liable only for damages in direct proportion to that defendant’s responsibility.  The model act also ensures that juries have an opportunity to consider the full picture of the events surrounding an injury when allocating responsibility, including the contribution of settling parties and those who were not named as defendants to the alleged harm.  Defendants are required to provide plaintiffs with adequate notice of their intent to designate one or more nonparties as wholly or partially responsible for damages.  Defendants must present sufficient evidence to support such […]

  • Comparative Fault Act March 15, 2013

    Summary This Act adopts a modified comparative fault system which bars a plaintiff’s recovery whose fault exceeds that of the defendants and nonparties. This ensures that only deserving plaintiffs are compensated. A key part of this Act is the assessment of the fault of nonparties, which guarantees that named parties are not assigned artificially high percentages of responsibility. To apply comparative fault, the jury must allocate fault or responsibility to each party. This allocation also provides the information necessary to allocate responsibility for damages if the state has eliminated or modified joint and several liability. If the state has a […]

  • Joint and Several Liability Act March 15, 2013

    Summary ALEC’s model Joint and Several Liability Act provides that each defendant is liable only for damages in direct proportion to that defendant’s fault. The Act also provides for consideration of fault of non-parties when assessing percentages of fault. Joint liability is imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious Act. Model Legislation Section 1. {Title} This Act shall be known and may be cited as the Joint and Several Liability Abolition Act. Section 2. {Definitions} The following words, as used in this Act, shall have the meaning set forth below, […]