Also known as: right of contribution · rights to contribution · contribution rights · right to contribution
Written by attorneys · grounded in primary & secondary sources — see below
A right among persons jointly liable in tort for the same harm that permits one who has paid more than an equitable share of the common liability to recover the excess from the others. The right arises even without a judgment against all or any of them. It is unavailable to a tortfeasor who intentionally caused the harm and is unavailable when one tortfeasor holds an indemnity right against another.
St. Mary's Hospital settled a wrongful-death claim after Dr. Lopez intentionally overdosed a patient and Nurse Kim negligently failed to monitor vitals. The hospital paid the full amount and then demanded contribution from Lopez. Because Lopez intentionally caused the harm, the hospital has no right of contribution against him.
North Resource paid Queen $250,000 to settle all claims arising from sequential chemical discharges that contaminated her well. The payment exceeded North Resource's equitable share of the common liability. North Resource may therefore recover the excess from Bridge Environmental under the right of contribution.
Select any source to read its text and confirm it supports the definition.
Dr. Lopez secretly administered an intentional overdose motivated by personal animus. St. Mary's later settled the estate's claim and attempted to obtain contribution from Lopez. No right of contribution exists in favor of any tortfeasor who intentionally caused the harm.
One contractor held a contractual indemnity right against a second contractor for the same harm. After the first contractor paid the injured party, it sought contribution from the second. The indemnity right eliminates any contribution claim between them.
The right arises when two or more persons become liable in tort to the same person for the same harm. It exists even though judgment has not been recovered against all or any of them. A tortfeasor who has paid more than an equitable share may recover the excess from the others.
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Recovery is limited to the amount paid in excess of the tortfeasor's own equitable share. No tortfeasor can be required to contribute beyond that share.
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No. The right of contribution does not exist in favor of any tortfeasor who has intentionally caused the harm.
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When one tortfeasor holds a right of indemnity against another, neither may assert a contribution claim against the other.
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Full satisfaction discharges the underlying claim against all joint tortfeasors. The plaintiff cannot pursue additional recovery from remaining defendants for the same injury.
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