Proposition 51 Fair Responsibility Act.

Overview

Proposition 51, the "Fair Responsibility Act of 1986," fundamentally changed how damages are allocated among multiple defendants in California tort cases. Codified at Civil Code sections 1431 through 1431.5, it established a split system: joint and several liability for economic damages but several (proportionate) liability for non-economic damages.

Statutory Framework

Civil Code 1431.2 provides that each defendant is liable for non-economic damages only in direct proportion to that defendant's percentage of fault. Civil Code 1431 preserves joint and several liability for economic damages -- any defendant found liable, even one only 1% at fault, can be held responsible for the entire amount of economic damages.

The Practical Impact of the Split System

For economic damages, the plaintiff can collect the entire award from any liable defendant regardless of fault percentage. For non-economic damages, each defendant pays only its proportionate share. The critical implication: when one defendant is judgment-proof, the plaintiff loses that defendant's share of non-economic damages but can still collect all economic damages from solvent defendants.

Apportionment of Fault

The jury allocates fault among all parties who contributed to the injury: named defendants, settling defendants, non-parties blamed by the defense (the "empty chair"), and the plaintiff's own comparative fault. The plaintiff's fault reduces both economic and non-economic damages proportionately.

Good Faith Settlement and Prop 51

Under CCP 877.6, when one defendant settles in good faith: the settling defendant is dismissed with prejudice; remaining defendants are barred from seeking contribution; and a credit is applied. For economic damages, the settlement amount is credited dollar-for-dollar. For non-economic damages, the settling defendant's proportionate share is removed -- remaining defendants pay only their own shares.

Strategic Considerations for Plaintiff's Counsel

Sue all potentially liable parties -- every defendant you miss is a potential empty chair. Prioritize solvent defendants for non-economic damages. Settle weak defendants first to remove unfavorable fault allocation risk. Emphasize economic damages which are recoverable in full from any defendant. At mediation, remind defense counsel that joint and several liability means the last defendant standing pays all economic damages.

Prop 51 in Specific PI Contexts

Multi-vehicle accidents: Each driver's negligence evaluated separately; pursue all at-fault drivers. Premises liability with criminal acts: The criminal perpetrator becomes a dangerous empty chair. Products liability: Keep all entities (manufacturer, distributor, retailer) in the case. Employer negligence with workers' comp: Workers' comp exclusivity may create an empty chair the defense exploits.

Cross-References

• Proposition 213 — interaction when non-economic damages are already barred
• Pure Comparative Fault — the plaintiff's own fault reduction
• Economic Damages — maximizing joint and several recovery
• Non-Economic Damages — several liability implications
• Government Claims Act — immunities creating empty chair risk
• Statute of Limitations — timing for naming all defendants

Common Questions

Sources & Citations