In a scenario of several liability, what is the basis for recovery from each defendant?

In a scenario of several liability, recovery from each defendant is based on the proportionate share of the fault assigned to each defendant. This principle reflects the idea that each defendant is only responsible for the harm they specifically caused, rather than being liable for the entire amount of damages caused by all defendants.

Under this framework, if multiple defendants are found to have contributed to the plaintiff's damages to varying degrees, the court will assess each party's level of fault. For example, if Defendant A is found to be 70% at fault and Defendant B is found to be 30% at fault for the same harm, then any damages awarded to the plaintiff would be divided accordingly. Defendant A would be responsible for 70% of the total damages, and Defendant B for 30%. This aligns with the principles of fairness and justice since it prevents a defendant from being held liable for more than their actual role in causing the harm.

In jurisdictions that apply this principle of several liability, each defendant is assessed independently based on their degree of negligence or wrongdoing, enabling a more precise allocation of damages that accurately reflects the circumstances of the case.