TOXIC TORTS GLOSSARY

Glossary of Toxic Torts Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #

Click on the first letter of the word from the list above to go to the appropriate section of the glossary.  Contact us if you would like a personal injury law glossary or one of other legal glossaries for your website.

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Joint and Several Liability Limits: The doctrine of joint and several liability is a fairness rule, developed over centuries to protect injured consumers. It applies when more than one defendant is found fully or substantially responsible for causing an injury (not 1% or 10% responsible, as is commonly misstated). If one wrongdoer is insolvent or cannot pay their share, the other fully-responsible wrongdoers must pick up the tab, to make sure the innocent victim is fully compensated. For example, suppose three toxic polluters recklessly contaminate drinking water, causing leukemia in neighborhood children. The actions of any one of them alone would be sufficient to cause leukemia. But because three companies are involved, each one's relative share becomes only one-third. This fortuitous circumstance allows them to split the total compensation each one owes the victims. Joint and several liability says that the other companies must cover the insolvent company's share. When joint and several liability is limited or abolished, however, these other wrongdoers are not required to cover the insolvent company's share. The wrongdoers are off the hook and the innocent victim receives far less compensation for injuries than the judge or jury determined they deserve.

Judgment: The final decision by a court in a lawsuit or appeal from a lower court's judgment.

Jurisdiction: A power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory.

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