Proposition 51, also known as The Fair Responsibility Act of 1986, modified California’s joint and several liability rules in personal injury, property damage, and wrongful death cases. Before its passage, a defendant could be held fully responsible for all economic and non-economic damages even if they were only partially at fault.
Under Proposition 51 (Cal. Civ. Code § 1431.2):
- Economic damages (e.g., medical expenses, lost wages) – Each defendant remains jointly and severally liable, meaning that an injured party can recover the full amount from any at-fault defendant, regardless of their percentage of fault.
- Non-economic damages (e.g., pain and suffering, emotional distress) – Defendants are only responsible for their percentage of fault and cannot be forced to pay more than their share.
Explanation of Key Terms
1. Personal Injury, Property Damage, and Wrongful Death Cases
These are three types of civil cases where someone seeks compensation (damages) due to harm caused by another party:
- Personal Injury: Cases where a person suffers physical, emotional, or financial harm due to another’s negligence (e.g., car accidents, slip and falls, medical malpractice).
- Property Damage: Cases involving damage to personal or real property due to negligence or wrongful acts (e.g., a car accident damaging someone’s home or business).
- Wrongful Death: Lawsuits brought by surviving family members when a person dies due to someone else’s negligence or intentional act (e.g., fatal car crashes, workplace accidents).
2. Non-Economic Damages
Non-economic damages compensate for subjective, non-monetary losses that a plaintiff suffers due to an injury or death. These include:
- Pain and suffering
- Emotional distress
- Loss of companionship (for wrongful death cases)
- Loss of enjoyment of life
- Disfigurement or disability
Since these damages are not tied to concrete financial costs, they are more subjective and vary case by case. Under Proposition 51, each defendant in California is only liable for their proportionate share of non-economic damages, meaning a defendant who is 10% at fault only pays 10% of these damages.