In joint and several liability, what determines a plaintiff's recovery options?

In a system of joint and several liability, a plaintiff has the discretion to decide which defendant to pursue for recovery of damages. This means that if multiple defendants are found liable, the plaintiff can choose to seek the entire amount of the damages from any one of those defendants. This is particularly advantageous for the plaintiff, as it allows them to recover full damages from a solvent defendant, regardless of the extent of fault attributed to each defendant.

Joint and several liability is rooted in the policy of ensuring that a plaintiff is made whole, allowing them to hold a single defendant fully accountable if that is the most effective method of recovering damages. The choice made by the plaintiff can influence the strategy of the individual defendants, as they may seek to negotiate settlements or shift blame among themselves.

Other considerations, such as the severity of the defendants' actions, proportions of damages, or the overall sum of damages, may play a role in the case but do not determine the plaintiff's options for recovery in the context of joint and several liability. The focus lies primarily on the plaintiff’s strategic rights regarding which defendant(s) to pursue for the full recovery of damages.