Question 1

How does joint and several liability apply to co-defendants in Florida?

Accepted Answer

Joint and several liability among co-defendants means each defendant can be held responsible for the entire judgment, regardless of their individual share of fault. In Florida, the application depends on the type of claim: for negligence, Section 768.81 largely eliminates joint and several liability, making each defendant liable only for their percentage of fault (several liability). For intentional torts, joint and several liability still applies in full. For contract claims, joint and several liability applies if the defendants are joint obligors under the contract. For certain statutory claims (environmental, securities fraud), joint and several liability may apply by statute.

Question 2

What is contribution among co-defendants in Florida?

Accepted Answer

Contribution is the right of a defendant who pays more than their fair share of a judgment to seek reimbursement from co-defendants. In Florida, the right to contribution depends on the basis of liability: for tort claims, Florida’s comparative fault system (Section 768.81) allocates fault percentages, and each defendant is liable only for their share, reducing the need for contribution. For contract claims, a co-obligor who pays more than their share can seek contribution from the other co-obligors under equitable principles. For joint tortfeasors in intentional tort cases, contribution is available under Florida common law. The right to contribution must be asserted through a cross-claim filed during the original action or a separate contribution action.

Question 3

How does the 2023 Florida tort reform affect co-defendant liability?

Accepted Answer

HB 837 (effective March 24, 2023) significantly changed co-defendant liability: it codified modified comparative negligence (a plaintiff who is more than 50% at fault is barred from recovery), reduced the statute of limitations for negligence from 4 years to 2 years, modified bad faith insurance claim procedures, and reinforced several liability (each defendant liable only for their percentage of fault in negligence cases). The reform makes it more difficult for plaintiffs to collect from "deep pocket" defendants when other defendants are primarily at fault. The reform does not affect intentional tort cases, where joint and several liability continues to apply.

Joint and Several Liability Co-Defendants

Joint and Several Liability of Co-Defendants in Florida

Liability by Claim Type

Contribution Rights

2023 Tort Reform Impact (HB 837)

Related Terms

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