Joint & Several Liability

In a joint and several liability case, who can P decide to collect from? Why?

Plaintiff can collect from ANY Defendant P wants. Protects P from broke/insolvent defendants who can’t pay.

Can D1 seek indemnification from the rest of the Defendants? Why?

No, because indemnification is all or nothing. D2 was liable.

Provide examples of J&S Liability.

2 Ds acting in concert

Multiple causes/indivisible injury

Continuation doctrine: original tortfeasor liable for subsequent foreseeable injuries (e.g. D1’s couch falls on P’s head. P gets substandard care in hospital).

List out the Jurisdictional Approaches for Joint & Several Liability.

1. Full J&S: One D can pay entire judgement if other Ds are insolvent/broke. Protects P’s ability to recover.

2. Pure Several: Each D only pays their exact %. Protects Defendants.

What is the Empty Chair Defense?

D blames absent non-party to reduce own liability. Risk of insolvency falls on Plaintiff.

What’s the difference between indemnification and contribution?

Indemnification: D1 tries to make D2 pay the ENTIRE thing

Contribution: D1 tries to make D2 their fair portion of fault

When does indemnification apply?

• Vicarious Liability: Employer sues employee to recover 100% of damages

• SPL: Manufacturer produces defective blender; retailer sues for indemnification

• Contract: indemnity clause: e.g. subcontractor agrees to indemnify contractor)

What is the CA Approach to Joint & Several Liability?

• Joint & several liability for economic loss (Medical bills, lost earnings, property damage)

• Several liability only for non-economic loss (Pain and suffering, emotional distress)