Concurrent tortfeasor

Concurrent tortfeasor in United States

Concurrent tortfeasor 

Two or more persons whose negligence brings about the misfortune of another. At common law each of the joint tort-feasors is liable in the entirety for the damages to the plaintiff. Though the plaintiff cannot recover more than their damages they can choose to recover all or part of their damage from any of the joint tort-feasors regardless of their actual proportion of liability for the accident. Joint tort-feasors however will have an action against each other if the injury committed by one was less than the restitution that they paid. Some jurisdictions tend to abandon this rule in favor of allowing recovery against either tort feasor only to the extent of the injury they inflict.

See, e.g. Fancyboy v. Alaska Village Electric Cooperative, 984 P.2d 1128; 1999 Alas.
“By popular initiative, Alaska has abolished the system of joint and several liability, in which each tortfeasor could be fully liable for the injured party’s damages and seek contribution or indemnity from any other joint tortfeasor. See Robinson v. Alaska Properties and Inv., Inc., 878 F. Supp. 1318, 1321 (D. Alaska 1995); Benner v. Wichman, 874 P.2d 949, 955 (Alaska 1994). Thus, a plaintiff “[can] only recover from each tortfeasor in the proportion that his fault played to the total fault of all the persons and entities at fault including the plaintiff herself.”
Robinson, 878 F. Supp. at 1321.

Also see: Radford-Shelton & Associates Dental Laboratory, lnc. v. Saint Francis Hospi- tal, lnc., Okl.App., 569 P.2d 506, 509.

American Tobacco Co. v. Transport Corp., O.C.Va., 277 F.Supp. 457, 461.

Bowen v. Iowa Nat. Mut. Ins. Co., 270 N.C. 486, 155 S.E.2d 238, 242.


Posted

in

, ,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *