Contribution Among Joint Tortfeasors- RI personal injury laws
Rhode Island personal injury attorney David Slepkow presents RI law concerning liability among joint tortfeasors.
§ 10-6-8 Liability to contribution of tortfeasor released by injured person. – A release by the injured person of one joint tortfeasor does not relieve him or her from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors.
However, in circumstances where there are twenty-five (25) or more deaths from a single occurrence, a release by the injured person of one joint tortfeasor given as part of a judicially approved good-faith settlement does not relieve him or her from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction to the extent of the amount of the consideration paid for the release.
Common law
“The concept of contribution among tortfeasors and the differences between joint, several, and joint and several liability are closely related and equally confusing. Joint and several liability law is intended to address the inequities resulting from a tortfeasor being insolvent or unable or unwilling to pay for damages it causes. When that happens, either the other defendants or the plaintiff must pay for the insolvent, non-paying defendant’s share. States have different methods of dealing with that situation.” MATTHIESEN, WICKERT & LEHRER, S.C. 1111 E. Sumner Street, P.O. Box 270670, Hartford, WI 53027 Phone: (262) 673-7850 Fax: (262) 673-3766 gwickert@mwl-law.com www.mwl-law.com https://www.mwl-law.com/wp-content/uploads/2013/03/contribution-actions-in-all-50-states.pdf
Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.