In a personal injury claim, if a joint tortfeasor is not more than 50% at fault and the plaintiff has sustained non-economic damages, the defendant can be required to pay only which of the following?

In a personal injury claim, if a joint tortfeasor is not more than 50% at fault and the plaintiff has sustained non-economic damages, the defendant can be required to pay only which of the following?

• A. Entire non-economic damages
• B. Only his own share of non-economic damages
• C. Double the non-economic damages
• D. Nothing

Answer: (B)

In multi‑defendant cases, damages are allocated by each party’s degree of fault. If no joint tortfeasor is responsible for more than half the fault, liability for non‑economic damages is several rather than joint. That means each defendant pays only the portion of damages that corresponds to their own share of fault. So, the defendant would owe only his own share of the non‑economic damages. For example, if he is 40% at fault and total non‑economic damages are $100,000, he would pay $40,000, and others would cover the rest. The other options—paying all, paying double, or paying nothing—do not reflect this proportional allocation.

In multi‑defendant cases, damages are allocated by each party’s degree of fault. If no joint tortfeasor is responsible for more than half the fault, liability for non‑economic damages is several rather than joint. That means each defendant pays only the portion of damages that corresponds to their own share of fault. So, the defendant would owe only his own share of the non‑economic damages. For example, if he is 40% at fault and total non‑economic damages are $100,000, he would pay $40,000, and others would cover the rest. The other options—paying all, paying double, or paying nothing—do not reflect this proportional allocation.