Two or more persons whose negligence in a single accident or event
causes damages to another person. In many cases the joint tortfeasors
are jointly and severally liable for the damages, meaning that any of
them can be responsible to pay the entire amount, no matter how unequal
the negligence of each party was. Example: Harry Hotrod is doing 90
miles an hour along a two-lane road in the early evening, Adele Aimster
has stopped her car to study a map with her car sticking out into the
lane by six inches. Hotrod swings out a couple of feet to miss
Aimster's vehicle, never touches the brake, and hits Victor Victim,
driving from the other direction, killing him. While Hotrod is grossly
negligent for the high speed and failure to slow down, Aimster is also
negligent for her car's slight intrusion into the lane. As a joint
tortfeasor she may have to pay all the damages, particularly if Hotrod
has no money or insurance. However, comparative negligence rules by
statute or case law in most jurisdictions will apportion the liability
by percentages of negligence among the tortfeasors (wrongdoers) and the
injured party's.
No comments:
Post a Comment