When you are injured and need to sue several defendants for the accident, you will want to know how liability will be determined. In certain circumstances, the court will apply joint and several liability to the defendants.
In cases where multiple defendants are accused of causing the same accident but liability is difficult to divide, joint and several liability will hold each defendant accountable for the plaintiff’s full damages regardless of the individual level of fault. However, our attorneys can explain how this rule has evolved into a more modern one that apportions fault among all the parties and how it might impact your claim. In most cases, this rule will not play much of a role. However, we would want it applied if you were injured by toxic exposure or a product made by numerous manufacturers.
For a free review of your case, contact our South Carolina personal injury attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000.
What is Joint and Several Liability in South Carolina?
“Joint and several liability” is an older legal rule used in cases involving multiple defendants whereby the group of defendants could be totally liable for a plaintiff’s injuries. Essentially, each defendant is held individually liable for 100% of the plaintiff’s damages, as well as liable as a group. This allowed a plaintiff to recover compensation from any defendant able to pay while putting the responsibility of parsing out liability on the defendants. If one defendant is “judgment proof,” meaning that they do not have the funds to pay a plaintiff, the victim could still recover from the others.
South Carolina historically operated under a “contributory negligence” rule to determine liability between the parties. Under this rule, if the plaintiff partly caused the accident in any way, they would be denied compensation. Because a plaintiff basically needed to be “innocent” to recover damages, it seemed fairer to hold a group of defendants jointly and severally liable and have them bear the burden.
However, this rule seriously impacted defendants who did not share much of the liability. For example, if one defendant was 90% at fault and the other defendant was 10% but the court applied joint and several liability, the less liable defendant would still be responsible for paying 100% of the damages if the more liable defendant was insolvent.
The situation began to change as the court in Nelson v. Concrete Supply Company rejected the contributory negligence rule. In Nelson, the court adopted the more modern “comparative negligence” rule. Under this standard, each party’s individual liability is assessed, and they will be held responsible for their share of fault. However, the court did not address joint and several liability. Instead, the South Carolina legislature would change the law.
How Do South Carolina’s Current Joint and Several Liability Rules Work?
Joint and several liability makes less sense in a comparative negligence state. However, South Carolina’s current rule does not completely do away with joint and several liability. Now, joint and several liability only applies to defendants found to be 50% or more at fault for the accident, according to S.C. Code Ann. § 15-38-15(A). If a defendant’s conduct is found to be less than 50% fault, they will only be responsible for their share of the damages. Additionally, a plaintiff/victim cannot recover any compensation if they are found over 50% at fault for the accident, leaving them with no recovery under South Carolina case law.
In a trial, the jury, or judge if no jury was selected, will first determine the amount of damages to be awarded. Next, it will determine the plaintiff’s level of fault and what is recoverable under the comparative negligence rule. At that point, § 15-38-15(C)(3) allows any defendant to raise a motion to have the court determine liability for each defendant.
Before determining liability, our Columbia, SC personal injury attorneys will be permitted to make oral arguments to the court under § 15-38-15(C)(3)(b). However, our attorneys will only be able to argue based on the evidence already submitted to the court during the trial. If the defendant is less than 50% at fault, they only need to pay their share. If the defendant was 50% or more liable, that defendant would still be responsible for 100% of the damages. If liability is still unclear, the court will likely apply joint and several liability to the defendants.
For example, suppose the Plaintiff is awarded $100,000 but found 20% at fault, receiving only $80,000 in total damages. Suppose the court later finds Defendant A 20% liable and Defendant B 60% liable. Under South Carolina’s current rule, Defendant A would only be responsible for 20% of the remaining damages, which would be about $16,000, since their share of the fault is less than 50%. Defendant B would still be responsible for all $80,000 if Defendant A did not pay since their share of liability is over 50%. However, Defendant B could seek reimbursement from Defendant A for $14,000 if they paid all $80,000.
What Types of Cases Could Joint and Several Liability Apply to in South Carolina?
Today, joint and several liability rarely comes up in a personal injury lawsuit. It is applied more now in cases where liability is basically impossible to prove at an individual level. The following are common examples of when joint and several liability might be applicable:
Commercial Driving Accidents
The court will apply joint and several liability in cases where one defendant works as a commercial driver, making their employer vicariously liable for their actions in concert, according to § 15-38-15(C)(a). This typically comes up in truck accidents.
Under the rule of respondeat superior, employers are vicariously liable for the on-the-job acts of their employees. Even if individual liability can be determined, joint and several liability might still apply if the nature of the accident makes it hard to place proportional fault on each party.
Toxic Exposure
Joint and several liability is also commonly used in toxic tort cases involving mesothelioma, asbestosis, or various cancers. For instance, you might have worked several jobs over the years that exposed you to toxic levels of asbestos but cannot determine which employer contributed what percentage of your damages. In these cases, joint and several liability would likely be used, putting the burden on the defendants to prove the extent of their liability and allowing you to get paid by any of them.
Products Liability
The court could apply “market share” liability in cases where the plaintiff has been injured by a defective product. This type of joint and several liability is used when a good in the market is produced by several manufacturers. Suppose the court is unable to determine which manufacturer contributed to the product’s defectiveness. In that case, each defendant will be held liable for their market share in that product’s market. For example, if one defendant manufacturer had 80% of the market share and the other 20%, they would be responsible for paying their respective share of the damages.
Our South Carolina Personal Injury Attorneys Can Help Determine Liability in Your Case
Reach out to our Lexington, SC personal injury lawyers at Burriss Ridgeway Injury Lawyers by calling (803) 451-4000 for a free evaluation of your case.
