The question of how liability should be allocated in civil matters, when two or more parties are held liable for damage caused to another party or plaintiff, remains controversial. It is clear that if two or more liable defendants have caused the same loss, then those liable defendants must compensate the plaintiff. The more difficult question is how to litigate and allocate liability among the liable defendants. This panel will discuss different forms of liability, including joint and several liability, proportionate liability, liability capped by statute and contractual limitations on liability. Using a real-life example, the panel will discuss how to proceed against different defendants based upon the priority of their liability as well as offer a defense perspective on how to defend with respect to that priority.
Recorded at the Personal Injury Law Conference 2021 in September 2021.