Statute · California Civil Code
Cal. Civ. Code § 1431.2 — Joint or Several Obligations
Cal. Civ. Code § 1431.2
- Type
- Statute
- Source
- California Civil Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
Several Liability for Non-economic Damages
Citator
Cal. Civ. Code § 1431.2 — Joint or Several Obligations is in force in the current edition of the Code, and nothing recorded condemns it.
Several Liability for Non-economic Damages
(a) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.
(b) (1) For purposes of this section, the term “economic damages” means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.
(2) For the purposes of this section, the term “non-economic damages” means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.