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Negligence laws

Information on the law about NegligenceContribution Among Tortfeasors

In the doctrine of joint and several liability among tortfeasors, when there are multiple tortfeasors ("guilty" parties), all parties are equally liable for the damages caused to the injured party. This doctrine is quite harsh. For example, if the driver of a truck hits a pedestrian at night and the jury holds that the city is 15 percent responsible because it did not properly maintain the lighting at that portion of the road and the truck driver, who is 85 percent at fault, is uninsured, unemployed, and without assets, the city can be made to pay 100 percent of the damages. Under the doctrine of contribution, one tortfeasor may sue a fellow tortfeasor to recover any damages paid in excess of the proportion of fault. In most comparative fault states liability is the proportionate responsibility of each party.

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Law Library - American Law and Legal InformationState Laws and StatutesNegligence laws - Information on the law about Negligence - Contributory Negligence, Contribution Among Tortfeasors, The State Of The Law - Comparative Fault