Medical Malpractice Law

Joint And Several Liability

Idaho adheres to a modified version of common law joint and several liability. Idaho Code § 6­803 (1990). Where the tortfeasors were acting in concert or as agents or servants of one another, liability is joint and several. Id. In all other instances, liability among joint tortfeasors is several only. Id. When several, each party’s liability will equal his proportionate share of the total damages awarded.

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