Our Positions | Joint and Several Liability

Joint and several liability is a theory of recovery that permits a plaintiff to recover the full amount of damages from multiple responsible parties or any single responsible party, regardless of the party’s proportion of fault. The rule allows a defendant only minimally liable for a given harm to be forced to pay the entire judgment, where co-defendants are unable to pay their share.

NAMIC position

Joint and several liability is neither fair nor rational, because it fails to distribute liability equitably according to degree of fault. NAMIC supports replacing the rule with the rule of proportionate liability where each co-defendant is proportionally liable for the plaintiff’s harm.

Congress Takes on Counterfeit Goods in Multiple Arenas

March 9, 2020 The House Energy and Commerce Subcommittee on Consumer Protection and Commerce held a hearing March 4 titled “Buyer Beware Fake and Unsafe Products on Online Marketplaces.” The hearing represented an increasing trend within Congress to combat the... Read more

Washington: NAMIC-Supported Motorcycle Liability Coverage Bill Signed into Law

April 24, 2019 NAMIC-supported HB 1014, Motorcycle Liability Insurance Coverage has been signed into law by Gov. Jay Inslee. The proposed legislation removes the current statutory exemption for motorcycles from the financial responsibility requirement for motorists. Read more

Utah: NAMIC Opposes Legislation Creating Joint And Several Liability for Intentional Acts

February 28, 2018 NAMIC provided written testimony Feb. 28 opposing HB 359 that would create joint and several liability among all defendants for an intentional act. NAMIC opposes the bill for several reasons. As written... Read more

NAMIC Sends Support Letter on Tort Reform Legislation

February 26, 2018 NAMIC sent a letter Feb. 23 in support of legislation designed to reduce financial burdens on small businesses and homeowners in New York who are currently subject to an outdated liability... Read more

Utah: NAMIC Opposes Legislation Creating Joint and Several Liability for Alcohol-Related Claims

February 14, 2018 NAMIC opposed on Feb. 13 HB 120 that would create joint and several liability among defendants found liable for damages resulting from negligent distribution of alcoholic products. NAMIC is concerned... Read more


Andrew Pauley
Government Affairs Counsel