Variations
As noted above, some jurisdictions have imposed limits on joint and several liability. For example,
- In Ohio after April 2003, only defendants who are responsible for more than 50% of the tortious conduct can be held jointly and severally liable for economic losses. A defendant who is responsible but whose tortious conduct was less than 50% is only responsible for his/her share of the plaintiff's economic loss. Non-economic losses (such as pain and suffering or loss of companionship) can only be assigned proportionately.
- California allows joint and several liability but only for economic damages.
- Hawaii allows joint and several liability for all economic losses but only for non-economic losses when the underlying tort is intentional, related to environmental pollution or selected other classes.
Read more about this topic: Joint And Several Liability
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