Also known as: independent tortfeasors · independent tortfeasor · independent tort feasor · several tortfeasors · concurrent tortfeasors
Written by attorneys · grounded in primary & secondary sources — see below
Tortfeasors whose separate negligent or intentional acts combine to produce a single indivisible harm without any concert of action or common design. Each remains subject to liability for the entire harm when apportionment is impossible, yet a judgment against one does not automatically bind the others under res judicata principles.
Ira Irving obtained a $300,000 judgment against Inertia Dynamics after its truck struck his vehicle. He later sued Imperial Motors, whose defective brake component contributed to the same crash. The court treated the satisfied judgment against Inertia as equivalent to a release, allowing Imperial to offset the payment but preserving Ira's right to pursue any shortfall.
Ivan Ivanov won a full judgment against Ivy Investments for a defective railing that caused his fall. He then sued Icarus Aviation, whose negligent maintenance of the same structure contributed to the identical injury. Because the defendants were independent tortfeasors, the earlier judgment did not bar Ivan from litigating Icarus's separate liability.
Select any source to read its text and confirm it supports the definition.
Ismael Ibrahim was struck by shots fired simultaneously by Ian Iverson and Idina Iverson from different locations. Medical evidence could not separate the contribution of each bullet to his single wound. The court held both independent tortfeasors jointly and severally liable, shifting to each the burden of proving his or her own share of the harm.
Imperial Motors and Inertia Dynamics each negligently maintained separate sections of a shared loading dock. A worker suffered an indivisible back injury when both sections failed. The court permitted allocation of fault between the two independent tortfeasors under comparative principles while preserving the plaintiff's right to collect the full judgment from either.
Isla Ireland developed cancer after exposure to DES manufactured by several companies whose products reached the market in identical form. Because the independent manufacturers could not be distinguished as the source of her particular pills, the court imposed liability on each in proportion to its market share.
Independent tortfeasors face joint and several liability when their separate acts produce a single harm that cannot be apportioned with reasonable certainty. The plaintiff may recover the full amount from any one defendant, leaving contribution issues among the tortfeasors themselves.
Supporting sources
No. The effect of a judgment for or against one independent tortfeasor is governed by ordinary res judicata rules. Absent privity or identity of parties, the judgment does not preclude claims against others who may have contributed to the same harm.
Supporting sources
The discharge of a judgment against one independent tortfeasor is treated like a release or covenant not to sue. The second tortfeasor receives credit for the amount paid but remains liable for any unsatisfied portion of the plaintiff's damages.
Supporting sources
Each independent tortfeasor is liable only for the portion of harm that can be attributed to that defendant's conduct. The plaintiff must prove a reasonable basis for division. Otherwise the harms are treated as indivisible.
Supporting sources
…as liable on the same basis as joint tort feasors, and hence the last-cited cases are distinguishable inasmuch as they involve independent tort feasors. In addition to that, however, it should be pointed out that the same reasons of policy and justice shift the burden to each of defendants to absolve himself if he can—relieving the…