south texas defective product attorney by 12play

VIEWS: 33 PAGES: 7

									                                                                                                     Appendix F
                50 STATE SURVEY: JOINT & SEVERAL LIABILITY LAWS
                                    (Nov. 2007)
                    JOINT AND                                                                       CASE or STATUTORY
      STATE          SEVERAL             CURRENT LAW                        COMMENTS                CITATION and LINK

1. Alabama         YES                                                                             Case Law


2. Alaska          NO           Judgment to be entered against       N/A                           Alaska Statutes
                                each liable party on the basis of                                  09.17.080(d)
                                several liability in accordance with
                                each party’s relative percentage
                                of fault.

3. Arizona         LIMITED      Personal injury, property damage      Not applicable to cases      Arizona Revised
                                or wrongful death, each               involving intentional        Statutes 12.2506
                                defendant is liable only for the      torts or hazardous
                                amount of damages they are            waste.
                                proportionately responsible for.

4. Arkansas        LIMITED      In any action for personal injury,    However, if the court        Arkansas Code 16-55-
                                medical injury, property damage,      finds that any               201
                                or wrongful death, the liability of   defendant's several
                                each defendant for compensatory       share shares will not be     Arkansas Code 16-55-
                                or punitive damages shall be          reasonably collectible,      203
                                several only and shall not be         the court shall reallocate
                                joint.                                the percentage points of
                                                                      the remaining
                                                                      defendants upon motion
                                                                      by Plaintiff.

5. California      LIMITED      Personal injury, property damage, Applicable only to cases         California Civil Code
                                or wrongful death, each           involving non-economic           1431.2
                                defendant is liable only for the  damages.
                                amount of damages they are
                                proportionately responsible for.

6. Colorado        LIMITED      Personal injury, property damage,     Not applicable in cases      Colorado Statute 13-21-
                                or wrongful death, each               involving two or more        111.5
                                defendant is liable only for the      individuals who
                                amount of damages they are            consciously conspire to
                                proportionately responsible for.      commit a tortious act.
7. Connecticut     LIMITED      Personal injury, property damage       However, if the court    General Statutes of
                                or wrongful death, each                                         Connecticut 52-572h
                                                                      finds that any
                                defendant is liable only for the
                                                                      defendant's portion is
                                amount of damages they are
                                                                      not be reasonably
                                proportionately responsible for.
                                                                      collectible, the court
                                                                      shall reallocate the
                                                                      percentage points of the
                                                                      remaining defendants
                                                                      upon motion by Plaintiff.

8. Delaware        YES                                                                             Del. Code Ann. tit. 10
                                                                                                   § 6302


9. Florida         NO           In April 2006, the Florida                                         Florida Statutes, Title
                                Legislature passed HB 145 which                                    XLV, Chapter 768.81
                                eliminates joint and several
                                liability.


State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2
                JOINT AND                                                                      CASE or STATUTORY
      STATE      SEVERAL              CURRENT LAW                         COMMENTS             CITATION and LINK
10. Georgia    NO            In actions for injury to person or                                Georgia Unannotated
                             property, each defendant is liable                                Code 51-12-33
                             according to their respective
                             percentage of fault; damages so
                             apportioned section shall be the
                             liability of each person against
                             whom they are awarded, shall not
                             be a joint liability among the
                             persons liable, and shall not be
                             subject to any right of
                             contribution.

11. Hawaii     LIMITED       Joint and several liability            Not applicable to          Hawaii Revised Statutes
                             abolished, with limited                economic damages           663-10.9
                             exceptions.                            involving injury or
                                                                    death, intentional torts,
                                                                    pollution, toxic accidents
                                                                    or asbestos, aircraft or
                                                                    motor vehicle accidents.

12. Idaho      LIMITED       Joint and several liability            A party shall be jointly   Idaho Statutes 6-803
                             abolished, with limited                and severally liable for
                             exceptions.                            the fault of another
                                                                    where they were acting
                                                                    in concert with another,
                                                                    or when a person was
                                                                    acting as an agent or
                                                                    servant of another
                                                                    party.

13. Illinois   LIMITED       In actions on account of bodily        Any defendant whose       735 ILCS 5/2-1117
                             injury or death or physical            fault is less than 25% of
                             damage to property, based on           the total fault
                             negligence, or product liability       attributable to the
                             based on strict tort liability, all    plaintiff and all
                             defendants found liable are jointly    defendants (except the
                             and severally liable for plaintiff's   plaintiff's employer),
                             past and future medical and            shall be severally liable
                             medically related expenses.            for all other damages.

                                                                    Any defendant whose
                                                                    fault is 25% or greater
                                                                    is jointly and severally
                                                                    liable for all other
                                                                    damages.

14. Indiana    NO            Prohibits the application of joint     N/A                        Indiana Code 34-51-2-8
                             and several liability in recovery of
                             all damages.

15. Iowa       LIMITED       Abolishes joint liability for          Not applicable to       Iowa Code 668.4
                             defendants found to be 50% or          economic damages
                             less at fault.                         when defendant is found
                                                                    to be 50% or more at
                                                                    fault.
16. Kansas     NO                                                   K.S.A. § 60-258a           K.S.A. § 60-258a
                                                                    (2001)                     (2001)

17. Kentucky   NO            Codified common law rule that          N/A                        Kentucky Revised
                             when jury apportions fault,                                       Statutes 411.182
                             defendant is only liable for that
                             share of fault.


State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2
                   JOINT AND                                                                      CASE or STATUTORY
     STATE          SEVERAL             CURRENT LAW                       COMMENTS                CITATION and LINK
18. Louisiana     LIMITED      Joint and several liability          A person who conspires Louisiana Civil Code
                               abolished.                           with another person to     Article 2324
                                                                    commit an intentional or
                                                                    willful act is jointly and
                                                                    severally liable.


19. Maine         YES                                                                             14 M.R.S. § 156 (2001)


20. Maryland      YES                                                                             Case Law.


21. Massachusetts YES                                                                             Mass. Ann. Laws ch.
                                                                                                  231B, § 1 (2002)

22. Michigan      LIMITED      In an action based on tort or        Certain exceptions for        Michigan Compiled Laws
                               another legal theory seeking         medical malpractice           600.6304
                               damages for personal injury,         actions and for crimes
                               property damage, or wrongful         involving gross
                               death involving fault of more than   negligence or use of          and 600.6312
                               one person, liability is several     alcohol or controlled
                               only and not joint. A person shall   substances, for which
                               not be required to pay damages       the defendant is
                               in an amount greater than his or     convicted.
                               her percentage of fault as found
                               under subsection.
23. Minnesota     LIMITED      No joint and several liability       Also, there is joint and   Minnesota Statutes
                               generally, except that the           several in cases           604.02
                               following persons are jointly and    involving pesticide
                               severally liable for the whole       control, water pollution
                               award: a person whose fault is       control, waste
                               greater than 50%; two or more        management,
                               persons who act in a common          environmental response
                               scheme or plan that results in       and liability or any other
                               injury; a person who commits an      public health or
                               intentional tort.                    environmental law.

24. Mississippi   LIMITED      Modifies the rule of joint and       Not applicable in cases       Mississippi Code 85-5-7
                               several liability such that it       involving conscious,
                               applies only to the extent           deliberate tortious acts.
                               necessary to pay injured party
                               50% of recoverable damages.

25. Missouri      LIMITED                                                                         Missouri Revised
                               Abolishes joint and several for      Joint and several still       Statutes 537.067
                               defendants found 50% or less at      applies if the other
                               fault.                               defendant was acting as
                                                                    an employee of the
                               No joint and several liability for   party; or liability for the
                               punitive damages.                    fault of another person
                                                                    arises under Federal
                                                                    Employers' Liability Act,
                                                                    or if defendant is 51%
                                                                    or more at fault




26. Montana       LIMITED      Abolishes joint and several         Joint and several still        Montana Coded
                               liability for defendants found 50%                                 Annotated 2001 27-1-
                                                                  applies if defendant is
                               or less at fault.                                                  703
                                                                  51% or more at fault


State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2
                  JOINT AND                                                                       CASE or STATUTORY
     STATE         SEVERAL             CURRENT LAW                         COMMENTS               CITATION and LINK
27. Nebraska     LIMITED      Abolishes joint and several            Joint and several still      Nebraska Statutes 25-
                              liability for non-economic             applies to economic          21,185.10
                              damages, with some exceptions.         damages and when two
                                                                     or more defendants act
                                                                     in concert to commit
                                                                     harm.

28. Nevada       LIMITED      Abolishes joint and several            Joint and several still   Nevada Revised
                              liability, with some exceptions.       applies to actions for    Statutes NRS 41.141
                                                                     Strict liability; An
                                                                     intentional tort; The
                                                                     emission, disposal or
                                                                     spillage of a toxic or
                                                                     hazardous substance;
                                                                     The concerted acts of
                                                                     the defendants; or An
                                                                     injury to any person or
                                                                     property resulting from
                                                                     a product which is
                                                                     manufactured,
                                                                     distributed, sold or used
                                                                     in Nevada.


29. New          LIMITED      Abolishes joint and several            Not applicable in cases   New Hampshire Revised
Hampshire                     liability for defendants found to      where defendant is 50% Statutes 507:7-e
                              be less than 50% at fault.             or more at fault, or
                                                                     knowingly pursued or
                                                                     taken active part in a
                                                                     common plan or design
                                                                     resulting in the harm
                                                                     or if acted in concert or
                                                                     to damages resulting
                                                                     from pollutants.
30. New Jersey   LIMITED      Establishes a 60% threshold for        Not applicable in toxic      New Jersey Statutes
                              joint and several liability for both   tort cases or if             NJST 2A:15-5.2
                              economic and non-economic              defendant is 60% or
                              damages.                               more at fault.

31. New Mexico   LIMITED      Abolishes joint and several            Not applicable in cases      New Mexico Statutes
                              liability.                             involving intentional        41-3A-1
                                                                     tort, product liability,
                                                                     situations having sound
                                                                     basis in public policy, or
                                                                     situations where one
                                                                     defendant could be
                                                                     vicariously liable for the
                                                                     actions of others.

32. New York     LIMITED      Limits joint and several liability by Not applicable in cases   Laws of New York Article
                              establishing that defendants          involving intentional     16-1601
                              found 50% or less at fault are        torts, contract disputes,
                              only severally liable for non-        motor vehicle accidents,
                              economic damages.                     toxic substance
                                                                    discharge, reckless
                                                                    disregard of the rights
                                                                    of others, or
                                                                    construction and certain
                                                                    product liability cases.


State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2
                    JOINT AND                                                                    CASE or STATUTORY
     STATE           SEVERAL             CURRENT LAW                       COMMENTS              CITATION and LINK
33. North Carolina YES                                                                          N.C. Gen. Stat. Ann.
                                                                                                § 1B-1 (2001)

34. North Dakota   LIMITED      Abolishes joint and several          Not applicable in cases    North Dakota Century
                                liability.                           involving intentional      Code 32-03.2-02
                                                                     torts, product liability
                                                                     and situations where
                                                                     defendants acted in
                                                                     concert.

35. Ohio           LIMITED      Abolishes joint and several          Joint and several still    Ohio Revised Code
                                liability if defendant is 50% or     applies if defendant is    2307.22
                                less at fault.                       51% or more at fault.

36. Oklahoma       LIMITED      Abolishes joint and several          Joint and several still    Okla. Stat. tit. 23, § 15
                                liability if defendant is 50% or     applies if defendant is
                                less at fault.                       51% or more at fault.
                                                                     Also applies when any
                                                                     joint tortfeasors acted
                                                                     with willful and wanton
                                                                     disregard of the
                                                                     consequences of the
                                                                     conduct.

37. Oregon         LIMITED      In actions arising out of bodily     If the court finds that   Oregon Revised
                                injury, death or property damage,    any defendant's portion Statutes 31.610
                                no joint and several liability.      is not be reasonably
                                With some exceptions.                collectible, the court
                                                                     shall reallocate the
                                                                     percentage points of the
                                                                     remaining defendants
                                                                     upon motion by Plaintiff.
                                                                     Not applicable in cases
                                                                     involving hazardous
                                                                     substance discharge or
                                                                     air/water pollution
                                                                     standard violations.

38. Pennsylvania   LIMITED      The plaintiff may recover the full   NOTE: Statute held         Pennsylvania
                                amount of the allowed recovery       unconstitutional in        Consolidated Statutes
                                from any defendant against           2005. See, DeWeese v.      42-71-7102
                                whom the plaintiff is not barred     Weaver, 880 A.2d
                                from recovery under comparative      54 (Pa. Cmwlth. 2005).
                                negligence.
39. Rhode Island   YES                                                                          Case Law. See also,
                                                                                                R.I. Gen. Laws.
                                                                                                § 10-6-2 (2001)


State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2
                    JOINT AND                                                                  CASE or STATUTORY
      STATE          SEVERAL             CURRENT LAW                       COMMENTS            CITATION and LINK
40. South          LIMITED                                           Joint and several still   S.C. Code Ann.
Carolina                        Joint and several liability does not applies to defendant      § 15-38-15 (2001)
                                apply to any defendant who is less who is 50% or more at
                                than 50% at fault.                   fault, or to a defendant
                                                                     whose conduct is
                                                                     determined to be willful,
                                                                     wanton, reckless,
                                                                     grossly negligent, or
                                                                     intentional or conduct
                                                                     involving the use, sale,
                                                                     or possession of alcohol
                                                                     or the illegal or illicit
                                                                     use, sale, or possession
                                                                     of drugs.

41. South Dakota   LIMITED      Limits joint and several liability                             South Dakota Codified
                                for defendants found 50% or less                               Laws 15-8-15.1
                                at fault by declaring they pay no
                                more than twice their pro rate
                                share of damages.

42. Tennessee      NO                                                                          Case Law.


43. Texas          LIMITED      Abolishes joint liability for        Not applicable to cases   Texas Statutes 33.013
                                defendants found to be less than     involving release of
                                51% at fault.                        hazardous substances
                                                                     or toxic torts.
44. Utah           NO           Abolishes joint and several          N/A                       Utah Code 78-27-40
                                liability.

45. Vermont        NO           Abolishes joint and several          Special statute for       Vermont Statutes 12-
                                liability.                           medical professionals.    1036


46. Virginia       YES                                                                         Va. Code. Ann. §
                                                                                               8.01-443 (2002)

47. Washington     LIMITED      Abolishes joint and several          Not applicable in cases   RCW 4.22.070
                                liability.                           involving hazardous/or
                                                                     solid waste, tortious
                                                                     interference in contracts
                                                                     or other business
                                                                     relations, manufacture /
                                                                     marketing of generic
                                                                     products, two or more
                                                                     defendants acting in
                                                                     concert, and when
                                                                     plaintiff has no fault.




State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2
                     JOINT AND                                                                       CASE or STATUTORY
     STATE            SEVERAL             CURRENT LAW                        COMMENTS                CITATION and LINK
48. West Virginia   LIMITED      Joint and several liability applies   Joint and several             West Virginia Statute §
                                 except that if any defendant is       liability still applies to:   55-7-24
                                 30% or less at fault, then that       intentional torts; any
                                 defendant's liability shall be        party who acted in            See also, West Virginia
                                 several and not joint and he or       concert with another          Statute 55-7B-9
                                 she shall be liable only for the      person as part of a
                                 damages attributable to him or        common plan or design
                                 her. Some exceptions.                 resulting in harm;
                                                                       negligent or willful
                                                                       unlawful emission,
                                                                       disposal or spillage of a
                                                                       toxic or hazardous
                                                                       substance; or
                                                                       manufacture and sale of
                                                                       a defective product.
                                                                       Also, on motion, the
                                                                       court order reallocation
                                                                       of any uncollectible
                                                                       amount among the
                                                                       other parties.


49. Wisconsin       LIMITED      Joint and several liability           Joint and several applies     Wisconsin Statute
                                 abolished for persons who are         to persons found 51%          895.045
                                 less than 51% at fault. No joint      or more at fault; and to
                                 and several liability for punitive    parties who act in            See also Wisconsin
                                 damages.                              accordance with a             Statute 895.043
                                                                       common scheme or
                                                                       plan.


50. Wyoming         NO           Abolishes joint and several           N/A                           Wyoming Statutes 1-1-
                                 liability.                                                          109


State laws are subject to change. Please contact a lawyer knowledgeable in the law of your
specific state for legal advice on the most current law.




1934492.2

								
To top