Tort Lawyers
Joint Tortfeasors: Liability for Indivisible Damage Under Israeli Law
In tort law, there are cases where damage is caused by multiple individuals simultaneously. When more than one person is responsible for the harm, questions arise about how liability should be allocated among the wrongdoers and how the injured party can recover full compensation. Israeli law addresses these situations through the doctrine of joint tortfeasors, which governs the rights and obligations of all parties involved.
Have you been sued for damage that was caused by you and another party? Have you or your property suffered harm and you are unsure who bears responsibility for compensating you? These situations fall squarely within the legal framework governing joint tortfeasors — an area of tort law that requires careful analysis and experienced legal counsel.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Joint tortfeasors fall under the broader category of multiple tortfeasors. Situations involving multiple wrongdoers can be divided into two categories: damage caused by a single wrongful act committed jointly by several parties, and damage caused by separate wrongful acts committed independently by different parties. The legal consequences — particularly regarding the allocation of liability — differ significantly depending on which category applies.
What Is Indivisible Damage?
Indivisible damage is a legal term describing a situation in which multiple parties caused a single harm and it is impossible to determine which portion of the damage is attributable to each party. When damage cannot be divided, all responsible parties may be held jointly and severally liable — meaning the injured party may recover the full amount of compensation from any one of them, regardless of that party’s individual share of fault.
"...Regarding the appellant's arguments regarding the merits of the decision not to award the compensation jointly and severally, the customary law in Israeli law, which was adopted by us following English case law, categorizes the tort cases in which more than one wrongdoer is involved into three categories: joint wrongdoers; individual wrongdoers who caused one indivisible damage; and separate wrongdoers who caused separate damages. The wrongdoers of the first two types are liable jointly and severally for the full damages, while the wrongdoers of the third type are liable individually for their damages... The case before us clearly demonstrates that these are separate offenses. Corporations and employees have different duties, resulting in one damage that cannot be divided. Therefore, both respondents must be held jointly and severally liable for damages awarded."
Who Qualifies as a Joint Tortfeasor?
A joint tortfeasor is a party who, together with one or more other parties, is responsible for a single wrongful act that causes harm to the injured party. Joint tortfeasors collectively cause the same damage through coordinated or concurrent conduct. Under Israeli law, joint tortfeasors bear joint and several liability, meaning each is individually responsible for the full extent of the damage, and the injured party may choose to pursue any one or all of them for the entire amount of compensation.
Article 11 of the Tort Ordinance codifies the doctrine of joint tortfeasors. The Ordinance provides that when two or more persons commit a wrongful act and the damage they cause is indivisible, each wrongdoer is liable for the full amount of the damage. This statutory provision, reinforced by extensive case law, ensures that injured parties are not denied full compensation simply because multiple wrongdoers were involved.
How Is Compensation Determined Among Joint Tortfeasors?
Joint and several liability applies to both categories of multiple tortfeasor situations. This means that the assessment of a person’s liability for compensation involves two stages: first, the injured party may recover the full amount from any single tortfeasor; second, the paying tortfeasor may seek contribution from the other wrongdoers for their proportionate share of the liability. This two-stage process protects the victim while also providing a mechanism for equitable allocation among the wrongdoers.
However, a practical difficulty arises when the paying defendant is unable to recover contribution from the other wrongdoers — for example, if they are insolvent or cannot be located. In such cases, the paying defendant bears liability for compensation that exceeds his or her actual share of fault. Israeli courts have grappled with this issue and have developed principles to balance the interests of injured parties against the potential unfairness to individual defendants.
The Role of an Attorney in Joint Tortfeasor Claims
Have you been sued for damage that you and others caused jointly but that cannot be divided? Have you suffered harm and are unsure whom to sue or whether you can recover the full amount of your claim? These are precisely the situations where experienced legal representation is essential. A skilled tort attorney can analyze the facts, identify all responsible parties, and develop a strategy to protect your rights.
In a landmark ruling known as the Kornheuser case, the court emphasized that the legal tests governing joint tortfeasor liability remain nuanced and fact-dependent, with no single bright-line rule applicable to all cases. The ruling also addressed the broader purposes of tort law — whether its primary function is to compensate the injured party or to deter wrongful conduct — and how these purposes influence the allocation of liability among multiple wrongdoers.
Determining the appropriate amount of compensation in joint tortfeasor cases is often complex and requires a thorough understanding of the applicable legal principles. The outcome frequently depends on how the court classifies the damage — as divisible or indivisible — and on the specific factual circumstances of each case. Professional legal guidance is critical to navigating these intricacies effectively.
The Tort Department at Mor & Co. Law Firm provides professional and personalized legal representation across a wide range of tort matters, including joint tortfeasor claims, medical malpractice, personal injury, car accidents, workplace injuries, and insurance disputes. Our attorneys bring deep expertise and a client-centered approach to every case.