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Joseph H. Saunders
Joseph H. Saunders
Attorney • (800) 748-7115

Elimination of Joint and Several Liability is not Good for the Consumer

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The Florida Legislature seems bent on acquiescing to Governor Bush’s agenda to protect large corporations at the expense of the family and the average consumer. An unfortunate example of this is the current legislation seeking to ban Joint and Several Liabilty. Joint & Several Liability provides a Common Sense approach by which victims’ medical bills are paid when two or more offenders cause an injury. Joint & Several only applies if no injury would have occurred but for the fault of each offender. In such cases, Joint & Several allows each offender to be held responsible for the victim’s full medical bills and lost wages in order to ensure that a victim’s full medical bills are paid. Victims & taxpayers should NEVER be forced to pay for the careless behavior of the guilty. But that precise injustice will occur if Joint & Several Liability is eliminated.

Current law maintains a cap system, which limits Joint & Several for economic damages: (768.81(3)(a),(b), Fla. Stat.)
Joint & Several NEVER applies to Non-Economic Damages (pain and suffering.)

Joint & Several NEVER applies to guilty offenders less than 10% at fault.

Joint & Several Economic Damages (medical bills and lost wages):

CAPPED at $200,000 for guilty offenders whose fault is 11-24%. (10-24% & $500,000 if victim is faultless)

CAPPED at $500,000 for guilty offenders whose fault is 25-50%. ($1,000,000 if victim is faultless)

CAPPED at $1,000,000 for guilty offenders whose fault is greater than 50%. ($2,000,000 if victim is faultless)