Lawyers
Damage caused by joint wrongdoers cannot be divided
There are cases in tort law involving damage caused by a number of individuals at the same time. In other words, more than one person was responsible for the damage.
In some cases, damage is caused by a number of people at the same time and it is impossible to determine precisely who contributed to the damage, so it may be difficult to determine who is responsible for the damage and who should be compensated.
Were you sued for causing damage to another person, and the damage was done by you and another person?
Were you or your property damaged and you do not know who is responsible for paying you compensation?
From a legal perspective, indivisible damage is a complex matter, and it is important to be aware of the relevant legislation and rulings.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Joint tortfeasors are included under the category of multiple tortfeasors (also known as joint tortfeasors). A situation involving multiple wrongdoings can be divided into two categories:
- Damages caused by one indivisible tort
- Joint Tortfeasors
Undivided damage
Damage that cannot be divided is a legal term used to describe a situation in which multiple parties caused one damage and it is unclear who is responsible for each part. A number of wrongdoers fall under this category. Another category of wrongdoing is joint wrongdoing, and sometimes the two categories intersect.
"...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."
Wronged jointly
A joint tortfeasor is a situation in which several individuals have been responsible for the same damage. “Joint tortfeasors are those who commit a single wrong against the injured party and collectively cause him one damage that cannot be divided, meaning that a certain part of it cannot be attributed to either one or the other (…) In the day-to-day case of this type of damage, two drivers are liable for their vehicles colliding, resulting in damage to pedestrians or passengers that can never be split between the two drivers” (Khalifa Adri v. Yehezkel Azizian). Accordingly, “when the plaintiff suffers damage and it cannot be divided, any wrongdoer whose act contributed to the damage must compensate for the entire loss.”
Furthermore, Article 11 of the Tort Ordinance enshrines the doctrine of joint wrongdoers in addition to being rooted in case law. The ordinance provides that if any two or more persons commit a wrongdoing, and if that act is a wrongdoing under the provisions of the ordinance, they will be jointly liable for that act as wrongdoers together and may be sued for that act together and separately.
How is the compensation determined?
It has been stated that joint and several liability applies to the two categories of situations where there is more than one wrongdoing. This means that examining a person’s liability for compensation consists of two parts – first, the injured party, the plaintiff, will sue only one of the wrongdoers, and then, if he is found to have tortious liability, he will be liable for all compensation. In the second phase, the wrongdoer is allowed to sue the other tortfeasors, and they will pay him so that the compensation he must pay will be reduced.
However, there is a difficulty here – the first defendant may not be able to obtain refunds from the other wrongdoers, so he will be liable for compensation that is clearly not his fault. As a result, there are those who propose to abolish or reduce the joint and several liability rule. In many countries, this rule has already been abolished, and each harmed party is only liable for his share of damages, unless he is found to be at fault or immune from liability.
What is the lawyer's role in these types of claims?
Have you been sued for damage that you and others caused jointly, but cannot be split? Are you experiencing damage and you are unsure of who to sue, as well as whether you will be able to receive the full amount of your claim? There is no doubt that these are complex legal cases, and many times it will be difficult for you to determine precisely what you are entitled to. A tort lawyer specializes in answering precisely these kinds of questions.
In a case named Kornheuser, the judges emphasise that the issue is ambiguous, and that no clear tests exist, making each case unique. This ruling also addresses the question of the purpose of tort law. If the purpose is only to provide compensation for the injured party, there is no problem with the entire burden of responsibility being placed on one individual. Nevertheless, it is unjust to charge one individual for damages caused by another.
Moreover, the question of what compensation must be paid is often complex, and it requires a distinct understanding of the law. Furthermore, it depends on the court’s definition of what constitutes divisible or non-divisible damage, and it is even more difficult to determine whether negligence played a role in causing the damage. In light of this difficulty, it is highly recommended that you seek out the assistance of a lawyer who specializes in tort law, who is able to help you understand the facts of the case, the legal complexities, and the expected outcome based on relevant precedents.
The Tort Department at the Mor & Co. Law Firm, offers professional and personal treatment in a variety of issues related to tort law: gross negligence, personal injury claims, traffic accidents, work accidents, social insurance, property damage and defamation claims – damage to the good name – while delving into issues related to the damages of Joint wrongdoers or in indivisible damage.
Our legal services begin with the development of a comprehensive and accurate legal strategy designed to obtain a fair compensation for our clients.
With extensive experience and legal knowledge of the legal system, as well as professional treatment of hundreds of clients, we are here to assist you throughout the entire process.
Contact us at 02-595-3322 or WhatsApp 050-441-1343 to schedule a legal consultation .
At the meeting, we will discuss your right to compensation and work to ensure that you are able to exercise all of your rights.
We at the law firm Mor & Co. are here for you
