Under joint and several liability, how can a plaintiff recover damages?

Study for the Georgia Torts Bar Exam with our comprehensive quizzes. Use flashcards and multiple choice questions, each with detailed explanations and tips to enhance your learning. Get ready to excel!

In cases involving joint and several liability, a plaintiff has the right to recover the full amount of damages from any one or more of the defendants who are found liable. This means that if multiple parties are responsible for the harm, the plaintiff can choose to pursue recovery from just one defendant or from several of them collectively. This framework is designed to ensure that a plaintiff can fully recover damages even if one or more defendants are unable to pay their share due to insolvency or other reasons.

This concept prevents a situation where a plaintiff is left uncompensated simply because one of the defendants cannot be pursued or is unable to contribute to the damages owed. Consequently, it provides a substantial pathway for plaintiffs to ensure that they receive appropriate redress for their losses by allowing flexibility in whom they choose to recover damages from, thereby enhancing their chances of securing the full amount owed.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy