What Is Joint and Several Liability in Texas?
Who Pays When More Than One Person Is at Fault?
Not every injury in Texas comes from a single person’s careless behavior. Sometimes several people or companies share responsibility for what happened, which raises questions about who pays for your injuries and related expenses. Texas law uses a system called joint and several liability to answer those questions by:
- Setting how much each defendant has to pay based on their share of fault
- Deciding whether one defendant can be held responsible for the full amount when others cannot pay
Joint and several liability gives you a path to recover full compensation even when one defendant lacks the resources or insurance to cover their share.
What Texas Law Says About Fault and Financial Responsibility
Texas’ proportionate responsibility rule appears in Chapter 33 of the Texas Civil Practice and Remedies Code. Under that rule, fault and financial responsibility are divided among everyone involved in an injury case. When a personal injury case goes to trial, the jury hearing it assigns each party a percentage of fault, including the injured person bringing the case. Compensation each defendant has to pay depends on that share of fault. If the injured person also contributed to the accident, the amount of money they can recover decreases in line with their percentage of fault. Proportionate responsibility directly connects fault and financial responsibility so the amount each party owes reflects the role they played in causing the injury.
Two Different Liability Rules Under Chapter 33
Joint liability and several liability describe two different payment rules under that same proportionate responsibility system. Several liability means each defendant has to pay only the percentage of damages that matches that defendant’s share of fault. Joint and several liability comes into play when one defendant reaches at least 51 percent of the fault and can be held responsible for the entire verdict even though other defendants also share blame.
Fault Percentages and Financial Responsibility
Joint Liability When One Defendant Reaches 51 Percent
Texas says that if a defendant is 51 percent or more at fault, that defendant faces joint and several liability and can be held responsible for the full amount of damages (financial compensation for the harm you have suffered). Texas draws the line at 51 percent because that level of fault means one party is more responsible than all others combined. If a defendant in your case crosses that threshold, you can get full compensation from that defendant even if other defendants also share blame.
Several Liability When No Defendant Reaches 51 Percent
If no defendants are 51 percent or more at fault, several liability applies instead of joint liability. Under that rule, each defendant pays only an assigned share of your damages (see our related article: modified comparative negligence). No defendant has to cover more than that portion, not even to make up the difference caused by a defendant who cannot afford to pay their share. You could be left with unrecovered damages if one or more defendants lack the money or insurance necessary to pay. In that situation, the unpaid amount falls to you rather than to another party.
Insurance and Assets in Multi-Defendant Cases
Just because someone is held responsible does not guarantee that you can collect money from that person. Plenty of defendants who owe damages lack the assets or insurance to cover them. A lawyer can improve your chances of a full recovery by focusing on assigning more than 50 percent of the fault to a single defendant with the means to pay.
How Defendants Try to Avoid Joint and Several Liability
Blaming the Empty Chair: Responsible Third Parties
Defendants can try to lower their share of fault by blaming a responsible third party (RTP). An RTP is someone a defendant claims is also at fault in a case, even though that person isn’t named as a defendant in the injured party’s filing. A defendant can name anyone as an RTP, even if that person cannot be sued or if the deadline to sue them has passed. Once an RTP is added to the case, the jury can assign part of the fault to that third party, which may push the defendant’s share of the fault below the 51 percent barrier–an outcome that would take joint liability off the table.
Case Impact When the RTP Is Named After the Statute of Limitations Runs Out
If a defendant names an RTP after the statute of limitations (which sets the deadline for filing your claim) expires, you cannot add that person to your lawsuit. Even so, the jury may still consider the RTP’s fault when assigning percentages. This tactic can reduce what other defendants owe, even if the RTP never appears in court or contributes to your payout.
How Fault Is Split When One Party Settles
Settling Defendants Stay on the Verdict Form
Under CPRC §33.003 and §33.012, defendants who settle before trial can still appear on the jury’s verdict form. In other words, the remaining defendants can argue that the parties who have already paid settlements are partly or even mostly at fault for what happened, even though they are no longer in court. If the jury assigns a percentage of blame to those who have already settled, it can reduce what the remaining defendants owe, which can prevent you from recovering full compensation.
Trial Strategy Considerations
Because you waive your right to sue when you accept a settlement offer, it may be strategically wise not to settle with individual defendants too early in your case, especially those who might be 51 percent or more to blame for an accident. Settling too early or for too little can lower the liability exposure of the remaining defendants and reduce the total amount you can recover from other parties.
Protecting Your Recovery Under Texas Joint And Several Liability
Insurance coverage limits, fault percentages, and responsible third-party (RTP) designations can all affect how much you can actually recover. Each defendant’s insurance limits and total assets set a ceiling on what they can pay, and strategic fault arguments can affect whether anyone crosses the 51 percent threshold for joint liability.
If you and your attorney can push one defendant’s share of fault above that line, it can make the difference between full compensation and partial recovery. Additionally, if you fail to include all defendants early in the case, it can backfire. If the statute of limitations runs out, those parties can only appear as RTPs, meaning the jury can assign them fault, but you can’t collect from them. An attorney can help you plan your case carefully from the start to protect your right to full financial recovery. For questions about joint and several liability or other personal injury topics, reach out to the injury lawyers at Loewy Law Firm by calling (512) 280-0800.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.