Modification of joint and several liability

  1. Law
  2. Arkansas Code
  3. Practice, Procedure, And Courts
  4. Civil Procedure Generally
  5. General Provisions
  6. Civil Justice Reform Act of 2003
  7. Modification of joint and several liability

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  1. (a) In any action for personal injury, medical injury, property damage, or wrongful death, the liability of each defendant for compensatory or punitive damages shall be several only and shall not be joint.

  2. (b)

    1. (1) Each defendant shall be liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

    2. (2) A separate several judgment shall be rendered against that defendant for that amount.

  3. (c)

    1. (1) To determine the amount of judgment to be entered against each defendant, the court shall multiply the total amount of damages recoverable by the plaintiff with regard to each defendant by the percentage of each defendant's fault.

    2. (2) That amount shall be the maximum recoverable against that defendant.


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