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Legal Definitions - joint tortfeasors

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Definition of joint tortfeasors

Joint tortfeasors refers to two or more individuals or entities whose combined actions, whether negligent or intentional, directly contribute to causing the same injury or damage to another person or property. A key aspect of this concept is that joint tortfeasors can often be held jointly and severally liable, meaning that each responsible party can be individually responsible for the entire amount of damages, regardless of their specific proportion of fault.

Here are some examples to illustrate this concept:

  • Multi-Vehicle Accident: Imagine Driver A is speeding and Driver B runs a stop sign at an intersection. They collide, and a passenger in Driver B's car, Passenger C, suffers severe injuries. Both Driver A's speeding and Driver B's failure to stop contributed to the accident and Passenger C's single set of injuries. In this scenario, Driver A and Driver B would be considered joint tortfeasors. Passenger C could sue both drivers, and potentially recover the full amount of their damages from either Driver A or Driver B, even if one was deemed more at fault than the other.

  • Construction Site Negligence: Consider a construction project where a general contractor (Company X) is responsible for overall site safety, but fails to adequately secure a large piece of equipment. Separately, a subcontractor (Company Y) responsible for operating that equipment negligently leaves it running unattended. A passerby is injured when the unsecured, running equipment unexpectedly moves. Both Company X's failure to secure the equipment and Company Y's negligence in leaving it unattended combined to cause the passerby's injury. Therefore, Company X and Company Y are joint tortfeasors, and the injured passerby could seek full compensation from either company.

  • Defective Product Chain: A toy manufacturer (Company M) designs and produces a children's toy with small, easily detachable parts that pose a choking hazard. A distributor (Company D) then imports and sells these toys to retailers without adding appropriate age warnings or hazard labels to the packaging. A child subsequently chokes on one of the detachable parts. Company M's defective design and Company D's failure to warn both contributed to the child's injury. In this situation, Company M and Company D would be considered joint tortfeasors, and the child's family could pursue a claim against either company for the full damages incurred.

Simple Definition

Joint tortfeasors are two or more parties whose combined actions or negligence contribute to the same injury or damage suffered by another person. These parties can be sued together and may be held jointly and severally liable, meaning each can be responsible for the full amount of the resulting damages.

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