joint and several liability

(redirected from Joint tortfeasors)
Also found in: Medical, Legal.

joint and several liability

Having full liability for the whole of a debt or injury. Comakers on promissory notes have joint and several liability,so that the lender may collect the entire amount due from only one borrower and is not limited to collecting one-half from each borrower. The following usually have joint and several liability unless required otherwise by a specific state law or contractual agreement:

• Partners in a general partnership
• Taxes owed by husbands and wives who file joint returns
• Multiple persons who commit one wrong and injure another
• Tenants under one lease, such as roommates
• Cosigners on promissory notes
• Cosigners on guarantee agreements

References in periodicals archive ?
Editor's Note: Physicians should exercise due care whenever having any work done in their offices, lest a cause of action arise against them, whether as a joint tortfeasor or otherwise.
Instead, the court based its ruling on the conclusion that a tortfeasor who caused the initial accident was not a joint tortfeasor with the manufacturer who was being charged with enhancing an injury due to the crashworthiness defect.
23) Therefore, Hogan's doctrinal response: if two defendants were joint tortfeasors, they were liable; if several concurrent tortfeasors, they were all on the hook.
Ralph Slovenko warned psychiatrists about increased legal liability as joint tortfeasors ("Are You a Joint Tortfeasor?
116) The court in Faragiano held that the "plaintiffs [could] not rely on CPLR [section] 1602(2)(iv) to preclude the Town from seeking apportionment between itself and other joint tortfeasors for whose liability it was not answerable.
Today this doctrine is applied to allow tort victims to recover damages from defendants (like the psychiatrist, or the disk jockey, or the car owner who forgot to lock his doors) who are in no way joint tortfeasors, but who had the bad luck to be wealthy or insured.
Moreover, where such firms can generate liability without the presence of contract creditors to control their behavior, other actors (such as potential joint tortfeasors and government licensing agencies) may limit judgment proofing.
Unlike joint tortfeasors whose "conduct combines to produce a single injury," (49) initial and subsequent tortfeasors produce separate and distinct injuries.
In a comprehensive opinion, Judge Bergan analyzed the theory of active-passive negligence that precluded contribution among joint tortfeasors and determined that that method of apportionment no longer served the interests of society.
Full browser ?