Joint and several liability
Joint and several liability

Published: August 26, 2007

Sometimes known as "deep-pockets liability,” joint and several liability is a legal doctrine that allows a plaintiff to recover damages from any of several co-defendants, rather than based on the degree of negligence caused by any individual defendant.

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For example, say roommates Rick and Ken rent an apartment, agreeing to a joint and several liability clause in the lease. One night, when Ken is traveling, Rick has a party at which his friends damage the apartment and the building.

Under joint and several liability, both roommates can be held liable.

If Rick has no money to pay, but Ken does, the landlord can pursue Ken for the entire amount, even though he was not there when the damage was done.


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