US-CaliforniaHow does Proposition 51 affect my injury case with multiple defendants?
Proposition 51 makes multiple defendants liable only for their share of non-economic damages (like pain and suffering), but still jointly liable for all economic damages (like medical bills).
What the Law Says
Proposition 51 changed California’s joint and several liability rules for personal injury cases involving multiple at-fault parties. It distinguishes between economic and non-economic damages — applying different liability rules to each.
Before Prop 51, any defendant found even partly at fault could be forced to pay the plaintiff’s entire judgment — including non-economic damages like pain and suffering — even if they were only 1% responsible. This was called 'joint and several liability.'
Prop 51 ended that rule for non-economic damages. Now, each defendant is only responsible for paying non-economic damages in proportion to their assigned percentage of fault. But for economic damages — such as medical expenses, lost wages, and property damage — all liable defendants remain jointly and severally liable.
The law applies to all tort actions for personal injury, property damage, or wrongful death filed on or after June 1, 1986.
Statutory TextIn any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint.
— Civil Code § 1431.2(a)(1) — Several Liability for Non-Economic Damages
Statutory TextEach defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant's percentage of fault...
— Civil Code § 1431.2(a)(2)
What Courts Have Said
California courts have consistently upheld Prop 51’s distinction between economic and non-economic damages and clarified how juries must apportion fault.
Held that Prop 51 applies retroactively to cases pending on appeal when it took effect, and confirmed that fault must be apportioned among all persons whose conduct contributed to the plaintiff’s injuries — including settling defendants.
Clarified that juries must assign percentages of fault to all responsible parties — even those who settled before trial — to ensure fair application of Prop 51’s several liability rule.
What to Do
Ask your attorney to ensure the jury is instructed to separately calculate economic vs. non-economic damages and assign fault percentages to all responsible parties — including those who settled.
Confirm that settlement agreements with some defendants preserve your right to pursue remaining defendants for their share of non-economic damages (subject to Prop 51 apportionment).
Review all proposed jury verdict forms to verify they comply with Civil Code § 1431.2 — especially separate line items for economic and non-economic damages and a fault allocation table.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.