A plaintiff was injured in an accident caused by the negligence of three defendants: Driver A, Driver B, and Driver C. After a trial, the jury determined that the plaintiff’s total damages amounted to $300,000 and apportioned fault as follows: Driver A was 60% at fault, Driver B was 25% at fault, and Driver C was 15% at fault. Driver C lacks the financial resources to contribute to the judgment, and Driver B has a limited ability to pay. Under a jurisdiction that applies joint and several liability, which of the following best explains Driver A’s potential financial responsibility to the plaintiff?
Driver A’s liability is limited to an amount equal to Driver C's portion of the fault if Driver C is unable to pay.
Driver A is required to pay $300,000 to the plaintiff due to joint and several liability.
Driver A is liable for $180,000, which reflects 60% of Driver A’s fault.
Driver A is responsible for their respective share of damages after considering Driver B’s contribution.
Under joint and several liability, any negligent defendant can be held responsible for the entirety of the plaintiff’s damages, ensuring the plaintiff is fully compensated even if other defendants are unable to pay their shares. In this instance, since Driver C cannot pay, and Driver B has limited resources, Driver A may be required to cover the entire $300,000 judgment. Although Driver A is responsible for the full amount, Driver A retains the right to seek contribution from the other defendants based on their percentage of fault, provided they have the ability to pay. The incorrect answers misunderstand the application of joint and several liability, either by limiting Driver A’s responsibility to their share of fault or incorrectly implying that their liability cannot exceed another defendant’s portion.
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What is joint and several liability?
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How does Driver A seek contribution from Drivers B and C?
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What happens if a defendant cannot pay their share of the judgment?