How Joint and Several Liability Actually Works in Missouri

Joint and several liability is a legal principle that plays a critical role in Missouri tort law. This doctrine, as outlined in Missouri Revised Statutes §537.067, ensures that if multiple parties are found liable for damages, each party can be held individually responsible for the full amount of the damages awarded. Understanding how this principle works, its statutory basis, and its application in real-life case scenarios is essential for legal professionals and individuals involved in tort actions. This detailed discussion explores the intricacies of joint and several liability in Missouri, providing comprehensive insights through statutory citations and case law examples.

Statutory Basis

Missouri Revised Statutes §537.067 provides the framework for joint and several liability in the state. The key provisions include:

  • Percentage of Fault: If a defendant is found to bear 51% or more of the fault in a tort action, they are jointly and severally liable for the entire amount of the judgment rendered against all defendants.

  • Less Than 51% Fault: If a defendant is found to bear less than 51% of the fault, they are only responsible for their percentage of the judgment corresponding to their degree of fault.

  • Employee and Employer Liability: A party can be held responsible for the fault of another defendant if the other defendant was acting as the party's employee at the time of the incident.

  • Punitive Damages: Defendants are only severally liable for the percentage of punitive damages corresponding to their degree of fault as determined by the trier of fact.

  • Disclosure Restrictions: In all tort actions, parties are prohibited from disclosing to the trier of fact the impact of these provisions.

How Joint and Several Liability Works

In practical terms, joint and several liability means that a claimant can seek the full amount of damages from any of the defendants found liable for the harm caused. This provision ensures that the claimant can recover the full compensation awarded, even if one or more of the defendants are unable to pay. Here is a more detailed explanation of how joint and several liability operates:

  1. Allocation of Fault: The trier of fact (jury or judge) determines the percentage of fault for each defendant involved in the tort action. For instance, if Defendant A is found to be 60% at fault and Defendant B is found to be 40% at fault, Defendant A can be held jointly and severally liable for the entire judgment amount.

  2. Claimant's Rights: The claimant has the right to recover the full judgment amount from any defendant found jointly and severally liable. This means the claimant can choose to collect the entire amount from one defendant, who then has the right to seek contribution from the other defendants proportionate to their fault.

  3. Contribution Claims: A defendant who pays more than their allocated share of the judgment can file a contribution claim against the other liable defendants to recover the excess amount paid. For example, if Defendant A pays the full judgment amount, they can seek contribution from Defendant B for their 40% share.

Implications and Practical Considerations

Benefits for Claimants: Joint and several liability offers significant advantages for claimants, particularly in ensuring that they receive full compensation for their losses, even if some defendants are unable to pay their share. This principle provides a safety net, ensuring that claimants are not left uncompensated due to the financial incapacity of one or more defendants.

Challenges for Defendants: For defendants, joint and several liability can be challenging, as it imposes the risk of bearing the entire financial burden of the judgment. Defendants with a higher percentage of fault may end up paying more than their proportionate share if other defendants cannot contribute. This risk highlights the importance of mounting a robust defense to minimize the assigned percentage of fault.

Strategic Considerations: In light of joint and several liability, legal strategies often focus on:

  • Negating Fault: Defendants may seek to minimize their perceived fault to below 51%, thereby reducing their liability to only their share of the judgment.

  • Settlement Negotiations: Defendants may pursue settlements to avoid the unpredictability of a jury's fault determination and the consequent financial exposure.

Conclusion

Joint and several liability in Missouri ensures that claimants can recover the full amount of damages awarded in tort actions, even if multiple defendants are involved. Under Missouri Revised Statutes §537.067, defendants found to bear 51% or more of the fault are jointly and severally liable for the entire judgment, providing vital protection for claimants. While joint and several liability offers numerous benefits for claimants, it also introduces significant challenges and strategic considerations for defendants. 

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