Provisions

Joint and several liability of tortfeasors

According to the provisions of Tort Liability Law, where two or more persons will bear joint and several liability for the tort jointed committed, the victim shall be entitled to request any one or all of the tortfeasors subject to joint and several liability to bear the liability. “The compensation amounts corresponding to the tortfeasors who are jointly and severally liable shall be determined according to the respective liability of each tortfeasor; and if the respective liability of each tortfeasor cannot be determined, the tortfeasors shall evenly bear the compensatory liability.” That is to say, the joint and several liability is a whole responsibility, and the fact that whether or not the victim requests one or more tortfeasors subject to joint and several liability to bear liability, shall not affect the requested tortfeasor subject to joint and several liability to bear full liability to the victim. After the requested tortfeasor subject to joint and several liability has borne full compensation liability to the victim, he shall determine the respective liability for each tortfeasor, and for the amount of compensation exceeding the rightful amount due, he shall be entitled to claim reimbursement from other tortfeasors subject to joint and several liability.