Recent Legislative Responses to the Rule of Join and Several Liability

Tort and Insurance Law Journal, Vol. 23, p. 482, 1988

15 Pages Posted: 28 Oct 2010

Date Written: 1988

Abstract

This article examines the surge in tort reform, specifically the rule of joint and several liability, as it has become one of the principal targets of tort reformers. In 1986 and 1987, half of the states enacted legislation directed toward joint and several liability. The reforms either limit or abolish joint and several liability. The justifications that have been advanced for the reformation have been based in part on the insurance crisis and in part on what is perceived to be the inherent unfairness of the rule. The variance in statutes that currently exists as a result is an interesting reflection of the political process at work in the states. The purpose of this article is to describe the recent legislative responses to the joint and several liability issue and to classify, compare, and briefly evaluate those responses for purposes of achieving a better understanding not only of the joint and several liability issue but also of the potential solutions to the joint and several liability issue.

Keywords: joint and several liability rule, tort reform legislation, joint and several liability legislation, tort reform rationale, tort law justification

Suggested Citation

Steenson, Michael K., Recent Legislative Responses to the Rule of Join and Several Liability (1988). Tort and Insurance Law Journal, Vol. 23, p. 482, 1988, Available at SSRN: https://ssrn.com/abstract=1698330

Michael K. Steenson (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
651-290-6366 (Phone)
651-290-6406 (Fax)

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