12-2501. Right to contribution; definition A. Except as otherwise provided in this article, if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against […]
12-2502. Pro rata shares In determining the pro rata share of tortfeasors in the entire liability: 1. Their relative degrees of fault are the basis for allocation. 2. If equity requires, the collective liability of some as a group constitutes a single share. 3. Principles of equity applicable to contribution generally apply.
12-2503. Enforcement A. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. B. If a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution […]
12-2504. Release or covenant not to sue If a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death both of the following apply: 1. It does not discharge […]
12-2505. Comparative negligence; definition A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to […]
12-2506. Joint and several liability abolished; exception; apportionment of degrees of fault; definitions A. In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section. Each defendant is liable only for the amount of […]
12-2507. Treatment of counterclaims and cross claims A counterclaim or cross claim for injury to person or property or for wrongful death shall be treated as an independent claim for purposes of section 12-2506. A claim and counterclaim shall not be set off against each other except by agreement of both parties.
12-2508. Redetermination of contribution shares On motion made not later than one year after a judgment imposing joint and several liability and determining contribution rights is entered, the court shall determine whether all or part of a tortfeasor’s contribution share under section 12-2502 is uncollectible from that tortfeasor. If a contribution share is totally or […]
12-2509. Scope of contribution and comparative negligence A. The right to contribution under sections 12-2501 through 12-2504 applies to all tortfeasors whose liability is based on negligence, strict liability in tort or any product liability action, as defined in section 12-681, including warranty. B. If an action involves claims for relief alleging both negligence and […]
