Under Texas law, a concurrent tortfeasor with 50% or less responsibility has several liability, meaning they're only liable for their proportion of fault.
- Under Texas law, a concurrent tortfeasor whose percentage of responsibility in causing the plaintiff's harm is 50% or less is considered to have several liability rather than joint liability.
- This means that each tortfeasor is only liable for their own percentage of fault and not for the entire amount of the plaintiff’s damages, provided their responsibility does not exceed 50%.
- Texas follows a modified form of comparative negligence, which allows a plaintiff to recover damages only if their percentage of fault is not more than 50%.
- In case a party is found to be more than 50% at fault, they may then be subject to joint liability, where they could be responsible for the entire amount of damages, potentially subject to the right of contribution from other parties.