What is a joint and several liability in a construction accident case?
Joint and several liability is a legal concept that may apply to construction accident cases in California. Joint and several liability means that there are multiple defendants in a lawsuit—in other words, multiple parties or people who could be held legally responsible for the accident. Under joint and several liability, each defendant is held individually and collectively responsible for the plaintiff’s damages. This means that one or more of the defendants may be liable for the full amount of damages awarded in the case. For example, if a contractor is performing work on a construction site and an employee of the contractor is injured due to the negligence of the contractor and another party, both parties can be held liable for the full amount of damages awarded to the employee. The injured employee would not need to sue both parties separately, but instead could sue both parties together under one claim. In California, joint and several liability will apply if the parties who are liable for the accident are proportionally responsible for the damages. If a defendant is found to be more than 50 percent liable for the accident, they may be held responsible for the full amount of damages awarded—even if another party is partially liable. In conclusion, joint and several liability is an important concept to understand in a construction accident case in California. It means that multiple defendants may be held responsible for the damages of a single accident, and one of them could be liable for the full amount of damages awarded.
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