What does joint and several liability imply?

Joint and several liability means that in a situation where multiple defendants are found liable for a plaintiff’s damages, each defendant can be held responsible for the entire amount of the damages awarded, regardless of their individual share of liability. This legal concept is particularly relevant in tort cases where multiple parties contributed to an injury. It allows the plaintiff to collect the full amount of damages from any one of the defendants, simplifying the recovery process, especially when some defendants may be unable to pay.

The rationale behind joint and several liability is to ensure that victims can recover fully, even if some defendants do not have the means to contribute to the damages awarded. This concept promotes accountability among defendants, encouraging them to seek equitable resolutions among themselves post-judgment if necessary.

In contrast, the idea that each defendant is only liable for their proportionate share would align more closely with several liability, which is a different legal principle. Additionally, the requirement for all defendants to agree to settle a claim does not pertain to joint and several liability—it instead refers to settlement negotiations that can be pragmatic but are not a legal requirement under this doctrine. Finally, the idea that defendants could be exempt if unaware of the harm does not align with the principles of joint and several liability, as this liability