composite negligence

Where the negligence of two or more persons together causes harm to someone who contributed nothing to it, the wrongdoers are jointly and severally liable. The injured claimant may sue all or any of them and recover the full amount from any one. He does not have to prove what share of fault each bore.

Apportionment matters only between the wrongdoers themselves: the one who pays may recover the other's share. This is common in motor accident claims where two vehicles collide and injure a passenger. Do not confuse it with contributory negligence, where the claimant's own fault reduces his damages.

Example

The bus passenger injured when the bus and a truck collided is a victim of composite negligence and may recover the entire compensation from either insurer.

In Indian law

• Khenyei v. New India Assurance Co. Ltd., 2015 INSC 389: in composite negligence the claimant may recover the whole from any tortfeasor; apportionment is between them

See also

contributory negligence · joint tortfeasors · motor accident claim · negligence

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