A
legal theory, most often used in cases of
tort (esp.
negligence), allowing multiple contributors to a tort to be held
liable, even if it cannot be
proved which
defendant's action was the
proximate cause of the
injury. Without joint and several
liability, a defendant could avoid liability by
claiming that the other
tortfeasors were just as
responsible for the injury, and that the injury would not have happened
but for the actions of those other tortfeasors; each of the tortfeasors would be able to
claim this, thus
preventing the
plaintiff from
recovery. With
joint and
several liability, however, the defendents may be
held liable as a
group,
preventing this
loophole.