Also known as:tortfeasor · tort-feasors · tortfeasors · tort feasor
Written by attorneys · grounded in primary & secondary sources — see below
A person whose conduct constitutes a tort and who is therefore subject to civil liability for resulting harm. When multiple persons commit torts producing the same injury, each qualifies as a tortfeasor and may face joint and several liability or rights of contribution depending on the circumstances.
Sources & Authorities· 1 primary source
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Cases
Restatements
How it applies
Common Examples
6
Intentional Harm Bars Contribution
Timothy Tang and Trevor Tate both assault a third party in a coordinated attack. After judgment, Timothy pays the full award and seeks contribution from Trevor. Because Timothy intentionally caused the harm, the court denies his contribution claim.
Indemnity Precludes Contribution
Tiana Tan's employee injures a customer while acting within the scope of employment. Tiana pays the judgment and seeks contribution from the employee. Because Tiana possesses an indemnity right against the employee, the court refuses contribution in either direction.
Tori Taylor, a tortfeasor, dies after a jury finds her liable for fraud but before punitive damages are assessed. The court terminates the punitive claim against her estate because the death of the tortfeasor ends liability for punitive damages.
Joint Liability in Maritime Collision
Tanya Tang owns a vessel that collides with another due to shared navigational fault. The court treats both owners as tortfeasors and imposes joint and several liability for the resulting property damage and personal injuries.
Robins Dry Dock & Repair Co. v. Flint275 U.S. 303
Tobacco Company as Tortfeasor
Tonya Takahashi sues a cigarette manufacturer for injuries from long-term smoking. The court recognizes the manufacturer as a tortfeasor whose product design and marketing practices support liability for the resulting harm.
Cipollone v. Liggett Group, Inc.893 F.2d 541 (3d Cir.1990), affirmed in part and reversed in part, 505 U.S. 504 (1992)
Chemical Spill Creates Multiple Tortfeasors
Threshold Capital ships a hazardous chemical that leaks during rail transport and contaminates nearby property. The court identifies both the shipper and the railroad as tortfeasors whose separate negligent acts combined to produce the single injury.
Indiana Harbor Belt R.R. Co. v. American Cyanamid Co.916 F.2d 1174, 1177 (7th Cir. 1990)
Common questions
Frequently Asked
2
When does one tortfeasor lose the right to contribution from another?+
A tortfeasor who intentionally caused the harm has no right of contribution. Contribution is also unavailable when one tortfeasor holds a right of indemnity against the other.
Supporting sources
Does the death of a tortfeasor affect punitive damages?+
Yes. The death of the tortfeasor terminates liability for punitive damages even if the underlying compensatory claim survives.
Supporting sources
517 U.S. 559, 575, 580-81 (1996)Remedies
…sovereignty and comity that a State may not impose economic sanctions on violators of its laws with the intent of changing the tortfeasors' lawful conduct in other States.[^maj-17] Before this Court Dr. Gore argued that the large punitive damages award was necessary to induce BMW to change the nationwide policy that it adopted…