Liability

Joint and Several Liability

What it means

A doctrine that allows an injured plaintiff to recover the entire judgment from any one defendant, even if multiple defendants share fault. Arizona has largely abolished this rule.

Arizona context

Arizona abolished traditional joint and several liability in 1987. Under ARS 12-2506, defendants are generally only liable for their own percentage share of fault, with limited exceptions: defendants who acted in concert, a defendant answering for an agent or employee, and claims under the Federal Employers’ Liability Act.

Statute reference

ARS 12-2506