Joint and several liability is a legal concept that can help increase the likelihood of an injured party being compensated for their injuries. In this article, we’ll define the term “joint and several liability” and explain how it relates to maritime injury law.
Joint and several liability refers to a legal concept that holds multiple parties responsible for a single obligation or liability. Under joint and several liability, each party can be held individually and collectively liable for the full amount of the obligation or liability. This means that if one party is unable to pay or is insolvent, the other parties may be required to bear the full burden of the liability.
The concept of joint and several liability is commonly applied in various legal contexts, including contract law, tort law, and personal injury cases. In these situations, multiple parties may be held responsible for the same harm, loss, or damage caused to another party.
Joint and several liability allows the injured party to seek full compensation from any or all of the responsible parties, regardless of their individual degrees of fault or ability to pay. This provides the injured party with greater chances of recovering damages and simplifies the process of seeking compensation.
Joint and several liability is often used in cases where it’s difficult to determine the precise degree of fault of each party involved. It ensures that the injured party is not deprived of compensation due to the insolvency or inability to pay of one party. The burden of seeking contribution or indemnity from other parties rests with the defendant who has paid more than their proportionate share.
In maritime injury cases where general maritime law applies, joint and several liability is a significant principle that impacts the allocation of responsibility and compensation for damages. This rule provides added protection to offshore and maritime workers by ensuring they have a higher likelihood of receiving full compensation for their injuries. Despite some criticisms, joint and several liability has withstood legal challenges over the years, and courts have consistently extended this protection to offshore and maritime workers.
This concept differs from comparative fault schemes, where fault is allocated among defendants based on percentages. In a comparative fault system, each defendant would be liable only for their allocated percentage of fault. However, in cases governed by joint and several liability, each defendant can be held accountable for the full amount of the plaintiff's damages.
To illustrate this difference, let's consider an example where a plaintiff's damages amount to $200,000, and two defendants are each assigned 50% of the fault for the accident. Under a comparative fault system, each defendant would be responsible for $100,000 of the damages. However, under joint and several liability, each defendant would be liable for the full $200,000, regardless of the percentage of fault assigned to them. Even if one defendant is immune from suit due to worker's compensation immunity or any other reason, joint and several liability would still hold the remaining defendant accountable for the full damages.
It’s highly advisable for individuals involved in maritime injury cases to seek advice from a qualified maritime injury lawyer. These lawyers specialize in the complexities of maritime law and can provide guidance on how joint and several liability applies to a specific case.
