Florida Repeals Joint and Several Liability

This week the Florida legislature voted to eliminate the common law doctrine of joint and several liability. The Governor promised to sign the bill. Under the current law, joint and several liability applies in modified form to economic damages but it had been previously dispensed with for noneconomic damages in favor of a comparative fault approach. The new law eliminates joint and several liability completely.

Joint and several liability is the legal theory by which plaintiffs go after “deep pockets” in lawsuits for negligence and other torts. Under this long standing legal principal all defendants are individually liable for the total amount of the plaintiff’s damages regardless of their proportionate degree of fault. This principal encourages plaintiffs to sue every possible defendant because if any defendant is found liable to any degree, for any reason, they are subject to pay the entire amount awarded to the plaintiff. . Under this theory each defendant is made the guarantor of the obligation of all persona found to be at fault for a particular injury. Under the new law, one’s degree of liability would be limited to one’s degree of fault. For example a defendant found 10 percent at fault wold be 10 percent liable for damages.. This bill is an important step in reducing businesses’ exposure to lawsuits and makes Florida a more attractive state for business formation.

posted by Jonathan Alper, asset protection and estate planning attorney, Orlando, Florida