Articles Tagged with joint and several liability

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Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia legislature amended the state’s tort laws to require a jury (or judge) “apportion its award of damages among the persons who are liable according to the percentage of fault of each person.”

Renaissance Recovery Solutions, LLC. v. Monroe Guaranty Insurance Company

This amendment has largely–but not completely–eliminated joint and several liability in Georgia. In fact, a federal judge in Augusta recently addressed a case in which a state court previously, and apparently erroneously, issued a joint and several liability verdict.