What is the deep pocket rule?
Deep pocket is a concept often used in the law and economics of tort law. It refers to the idea that the risk of an activity should be borne by a person who is in a relatively good position to handle it.
Is California a joint and several state?
In California, joint and several liability is an adopted version of the old common law version. It says that more than one party can be jointly responsible for the full amount of your economic damages, but only separately (severally) liable for your non-economic damages in proportion to your percentage of fault.
Does California follow joint and several liability?
California has adopted a modified version of the old common law version of joint and several liability. California law states that multiple parties may be jointly responsible for the entire amount of your economic damages, but are only severally (separately) responsible for your non-economic damages in proportion to …
What are economic damages in California?
(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 …
What is shallow pocket?
If you have “deep pockets” you must have a lot to fill them up with, and if you have “shallow pockets” you must not have much to put in them.
Is California a proportional liability state?
For example, a party who is only 25 percent at fault for causing the accident will only be liable for paying 25% of the damages. Indeed, California is a pure comparative fault state.
Can I sue multiple people?
You can sue more than one defendant for the same incident or contract. But each defendant must have some actual interest in the subject of your case and must be (at least arguably) responsible somehow for your injury.
What is a joint tortfeasor in California?
Joint and several liability means that an injured party can pursue any tortfeasor for the entire judgment, even if that tortfeasor was not 100 percent responsible for the harm caused. That tortfeasor may then pursue the other tortfeasors for reimbursement of that portion of the damages for which they are responsible.
Does California have a cap on damages?
California doesn’t have damage caps on compensatory damages for personal injury lawsuits, except for medical malpractice cases. California medical malpractice cases have a $250,000 cap on pain and suffering and other non-economic damages.
What are punitive damages in California?
California law allows plaintiffs to recover punitive damages when they can show that their injuries were caused by the defendant’s malice, oppression or fraud, typically in cases of intentional harm or extreme recklessness. The purpose of punitive damages is to punish the wrongdoer and to deter dangerous conduct.