Independent tortfeasors are individuals or entities that cause harm to the same person or property without collaborating or sharing a common plan. Each tortfeasor acts independently, leading to separate injuries. This means they cannot be sued together in a single legal action, even if their actions resulted in similar harm occurring at the same time.
This term is primarily used in civil law, particularly in tort law, which deals with civil wrongs and compensation for damages. Understanding independent tortfeasors is crucial when determining liability and pursuing claims for damages. Users may find legal templates on US Legal Forms to help manage claims related to independent tortfeasors, drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: If two drivers collide with a pedestrian at the same intersection but do not know each other or coordinate their actions, they are considered independent tortfeasors. Each driver can be held liable for their part in the pedestrian's injuries.
Example 2: A store owner and a delivery driver both cause damage to a customer's property independently. The store owner spills a drink, while the driver accidentally drops a package. Each can be sued separately for the damage they caused. (hypothetical example)
| State | Notes |
|---|---|
| California | Follows the rule of independent tortfeasors, allowing separate suits. |
| New York | Recognizes independent tortfeasors but may apply different standards for liability. |
| Texas | Allows claims against independent tortfeasors, with specific rules for joint and several liabilities. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Joint Tortfeasors | Multiple parties acting together to cause harm. | Joint tortfeasors work in concert, while independent tortfeasors act separately. |
| Contributory Negligence | When a plaintiff's own negligence contributes to their injury. | Contributory negligence involves the plaintiff's actions, while independent tortfeasors focus on separate defendants. |
If you believe you have been harmed by independent tortfeasors, consider the following steps:
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An independent tortfeasor is someone who causes harm without collaborating with others, leading to separate liabilities.