Joint And Several Liability
Position:
NCCBI
supports a change in our civil justice system to eliminate joint and
several liability so that a defendant in a civil action is held
financially liable for only that portion of the plaintiff's damages
actually caused by that defendant's conduct.
Explanation: Under our
current civil justice system, when the negligent acts of two or more
defendants combine to cause injury to another person, any of the
defendants can be required to pay the entire amount of the plaintiff's
damages. This is true no matter how slight that individual defendant's
negligence may have been. Such a system encourages litigation, rewards
a plaintiff's attorney for taking a "shotgun" approach to
filing suit, firing lawsuits in every direction instead of focusing on
the defendant truly at fault, and discourages reasonable settlements
of tort actions as the plaintiffs attorney pursues the target
defendant with the "deep pocket."
For example, assume a
situation in which a person in a store buys something, then runs from
the store out to his car, knocking over a little old lady and severely
injuring her. The lady sues the patron for negligence in running
through the store and also sues the store for failing to have a sign
posted warning patrons against running in the store. If the jury finds
that conduct on the part of the store to be negligent, however slight,
the store could be required to pay the entire amount of the money
judgment awarded by the jury to the lady.
NCCBI supports legislation
that would eliminate joint and several liability by limiting a
defendant's liability in a civil action to its pro rata share of
plaintiff's damages, depending, upon the number of defendants in the
case.
If you have comments on any of the NCCBI positions
or other issues,
please
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Judicial Selection And Retention In
North Carolina
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Workers' Compensation Reform
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Future Of The Courts Commission
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Business Court
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Tort Reform
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Contributory Negligence
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