Also known as: rights of contribution · contribution right · right to contribution
Written by attorneys · grounded in primary & secondary sources — see below
A right held by one of several persons liable in tort for the same harm that permits recovery of an equitable share from the others after discharging the common liability. The right arises upon payment exceeding the payer's equitable portion and is capped at the excess amount paid. No right exists in favor of a tortfeasor who intentionally caused the harm or where one tortfeasor holds an indemnity right against another.
Raphael Rivera and Rowan Russell both negligently caused injury to Renee Rogers when their vehicles collided with hers. A jury found them jointly liable and awarded damages. Raphael paid the full judgment amount. He may now recover from Rowan the portion exceeding Raphael's equitable share of the common liability.
Regina Robinson and Rebecca Ross were found jointly liable for contaminating a neighbor's property. Regina paid the entire judgment while Rebecca paid nothing. Regina may recover only the amount she paid beyond her own equitable share. Rebecca cannot be forced to contribute more than that share.
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Rosa Ruiz and Riverfront Developments were held liable for harm to a third party. Rosa acted with intent to cause the harm while Riverfront acted only negligently. After Rosa paid the full judgment she sought contribution from Riverfront. The claim fails because intentional causation precludes the right.
Raven Logistics and Riverstone Manufacturing were both liable for damage to Rising Sun Electronics. Raven held a contractual indemnity right against Riverstone. After Raven paid the entire judgment it attempted to obtain contribution from Riverstone. The indemnity right prevents any contribution claim between them.
Two defendants were found negligent for a single accident injuring a plaintiff. One defendant paid the full judgment after the other refused to contribute. The paying defendant may recover contribution measured by the nonpaying defendant's proportionate share of fault rather than an equal split.
A plaintiff obtained a judgment against one defendant for harm caused by multiple actors. The paying defendant sought to create a new federal common-law contribution right against the others. Courts decline to fashion such a right when the underlying statute supplies no basis for it.
The right arises when two or more persons become liable in tort to the same plaintiff for the same harm and one tortfeasor pays more than its equitable share of the common liability. Payment of the full judgment satisfies the discharge requirement even without separate judgments against each defendant.
Recovery is limited to the excess paid beyond the contributing tortfeasor's own equitable share. No tortfeasor may be compelled to contribute more than its own share of the total liability.
Yes. No right of contribution exists in favor of any tortfeasor who intentionally caused the harm. The bar applies even if other negligent tortfeasors also contributed to the injury.
When one tortfeasor holds a right of indemnity against another, neither may obtain contribution from the other. The indemnity relationship displaces the contribution doctrine entirely.
Yes. A settling tortfeasor who discharges the entire claim by paying more than its equitable share may still pursue contribution from other jointly liable parties.
…at 294-297. In Musick, Peeler , for example, we recognized a right to contribution under § 10(b). We held that the express rights of contribution contained in §§ 9 and 18 of the Acts were "important . . . feature[s] of the federal securities laws and that consistency require[d] us to adopt a like contribution rule for the right of…