Mississippi Code
Miss. Code Ann. § 85-5-7 (2026)
Limitation of joint and several liability for damages caused by two or more persons; contribution between joint tortfeasors; determination of percentage of fault; liability of medical defendants for economic and noneconomic damages
✓ current as of July 2026
- (1) As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn. Except as otherwise provided in this subsection (1), "fault" shall not include any tort which results from an act or omission committed with a specific wrongful intent. For any premises-liability action, as defined under Section 11-1-66.1(7), alleging injury as a result of the willful, wanton or intentional tortious conduct of a third party on commercial or other real property in the State of Mississippi, "fault" shall include any tort which results from an act or omission committed with a specific wrongful intent.
- (2) Except as otherwise provided in subsection (4) of this section, in any civil action based on fault, the liability for damages caused by two (2) or more persons shall be several only, and not joint and several and a joint tortfeasor shall be liable only for the amount of damages allocated to him in direct proportion to his percentage of fault. In assessing percentages of fault an employer and the employer's employee or a principal and the principal's agent shall be considered as one (1) defendant when the liability of such employer or principal has been caused by the wrongful or negligent act or omission of the employee or agent.
- (3) Nothing in this section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly noted herein.
- (4) Joint and several liability shall be imposed on all who consciously and deliberately pursue a common plan or design to commit a tortious act, or actively take part in it. Any person held jointly and severally liable under this section shall have a right of contribution from his fellow defendants acting in concert.
- (5) In actions involving joint tortfeasors, the trier of fact shall determine the percentage of fault for each party alleged to be at fault without regard to whether the joint tortfeasor is immune from damages. Fault allocated under this subsection to an immune tortfeasor or a tortfeasor whose liability is limited by law shall not be reallocated to any other tortfeasor.
- (6) Nothing in this section shall be construed to create a cause of action. Nothing in this section shall be construed, in any way, to alter the immunity of any person.
Laws, 1989, ch. 311, § 1; Laws, 2002, 3rd Ex Sess, ch. 2, § 4; Laws, 2002, 3rd Ex Sess, ch. 4, § 3; Laws, 2004, 1st Ex Sess, ch. 1, § 6, eff. 9/1/2004.
Amended by Laws, 2019, ch. 435, SB 2901,§ 2, eff. 7/1/2019.
Notes of Decisions
Cited in 161
cases (17 in the last 5 years), 1990–2026 · leading case: Est. of Hunter v. Gen. Motors Corp., 729 So. 2d 1264 (Miss. 1999).
Est. of Hunter v. Gen. Motors Corp., 729 So. 2d 1264 (Miss. 1999). “The first issue, while relevant herein, is best discussed in the context of the next point of error, dealing with Miss.Code Ann. 85-5-7, which we deem to be controlling authority in the present crashworthiness context.”
Classic Coach, Inc. v. Johnson, 823 So. 2d 517 (Miss. 2002). “Whether the Trial Judge Correctly Applied Miss.Code Ann. § 85-5-7 (1999) When Apportioning Liability to Each Tortfeasor.”
MacK Trucks, Inc. v. Tackett, 841 So. 2d 1107 (Miss. 2003). “This products liability case presents issues of liability as well as apportionment of any such liability under our allocation of fault statute, Miss.Code Ann. § 85-5-7 (1999). We dispose of the liability issues summarily and affirm.”
Young v. Guild, 7 So. 3d 251 (Miss. 2009). “Guild affirmatively pleaded section 85-5-7 of the Mississippi Code Annotated and the doctrine of illegality.”
Dawson v. Townsend & Sons, Inc., 735 So. 2d 1131 (Miss. Ct. App. 1999). “" Miss. Code Ann. § 85-5-7 (6). The statute accepts that injury is caused not only by "fault," but also by wilful, non-fault based acts.”
DePriest v. Barber, 798 So. 2d 456 (Miss. 2001). “From that final judgment, DePriest filed a timely appeal alleging that the trial court erred by (1) limiting recovery under Miss.Code Ann. § 85-5-7 (1999) to 25% of the recoverable damages and (2) abused its discretion in awarding only $3000.”
Mississippi Valley Silica Co., Inc. v. Dorothy Barnett, 227 So. 3d 1102 (Miss. Ct. App. 2016). “Miss. Code Ann. § 85-5-7 (2). Accordingly, pursuant to the judgment, Valley is “liable 43 only for the amount of damages allocated to [it] in direct proportion to [its] percentage of fault.”
Fielder v. Magnolia Beverage Co., 757 So. 2d 925 (Miss. 1999). “The trial court refused the instruction on grounds that it was an incorrect statement of the law based upon Miss.Code Ann. § 85-5-7 (1991), and specifically, that it did not properly address the issues of relative fault and joint and several liability.”
City of Ellisville v. Richardson, 913 So. 2d 973 (Miss. 2005). “Whether the trial court should apportion damages under Miss. Code Ann. § 85-5-7 (7). III. Whether damages were supported by medical proof in terms of probability.”
Eckman v. Moore, 876 So. 2d 975 (Miss. 2004). “Eckman asserted in his Response to Plaintiff's Motion for Summary Judgment that § 85-5-7 operates as a matter of law and that invocation of the defense does not require expert testimony.”
Brown v. North Jackson Nissan, Inc., 856 So. 2d 692 (Miss. Ct. App. 2003). “Miss.Code Ann. § 85-5-7 (Rev.1999). In such circumstance, the law now contemplates that the jury will apportion liability on a formula that includes consideration of the percentage of "fault" attributable to the various entities, whether or not some particular entity is a party…”
Narkeeta Timber Co., Inc. v. Jenkins, 777 So. 2d 39 (Miss. 2000). “and Lavon McCallum ask this Court to hold as a matter of first impression that under Mississippi's tortfeasor liability apportionment statute, Miss.Code Ann. § 85-5-7 (1999), the collective joint and several liability of all defendants contributing to a loss is fifty percent.”
— Miss. Code Ann. § 85-5-7(1) — 9 cases
City of Jackson v. Spann, 4 So. 3d 1029 (Miss. 2009).
Causey v. Sanders, 998 So. 2d 393 (Miss. 2008).
Baker & McKenzie LLP v. Evans, 123 So. 3d 387 (Miss. 2013).
Brown v. North Jackson Nissan, Inc., 856 So. 2d 692 (Miss. Ct. App. 2003). “Miss.Code Ann. § 85-5-7 (Rev.1999). In such circumstance, the law now contemplates that the jury will apportion liability on a formula that includes consideration of the percentage of "fault" attributable to the various entities, whether or not some particular entity is a party…”
Dawson v. Townsend & Sons, Inc., 735 So. 2d 1131 (Miss. Ct. App. 1999). “" Miss. Code Ann. § 85-5-7 (6). The statute accepts that injury is caused not only by "fault," but also by wilful, non-fault based acts.”
— Miss. Code Ann. § 85-5-7(2) — 25 cases
Mississippi Valley Silica Co., Inc. v. Dorothy Barnett, 227 So. 3d 1102 (Miss. Ct. App. 2016). “Miss. Code Ann. § 85-5-7 (2). Accordingly, pursuant to the judgment, Valley is “liable 43 only for the amount of damages allocated to [it] in direct proportion to [its] percentage of fault.”
DePriest v. Barber, 798 So. 2d 456 (Miss. 2001). “From that final judgment, DePriest filed a timely appeal alleging that the trial court erred by (1) limiting recovery under Miss.Code Ann. § 85-5-7 (1999) to 25% of the recoverable damages and (2) abused its discretion in awarding only $3000.”
Kroger Co. v. Knox, 98 So. 3d 441 (Miss. 2012).
Classic Coach, Inc. v. Johnson, 823 So. 2d 517 (Miss. 2002). “Whether the Trial Judge Correctly Applied Miss.Code Ann. § 85-5-7 (1999) When Apportioning Liability to Each Tortfeasor.”
MacK Trucks, Inc. v. Tackett, 841 So. 2d 1107 (Miss. 2003). “This products liability case presents issues of liability as well as apportionment of any such liability under our allocation of fault statute, Miss.Code Ann. § 85-5-7 (1999). We dispose of the liability issues summarily and affirm.”
— Miss. Code Ann. § 85-5-7(3) — 7 cases
Classic Coach, Inc. v. Johnson, 823 So. 2d 517 (Miss. 2002). “Whether the Trial Judge Correctly Applied Miss.Code Ann. § 85-5-7 (1999) When Apportioning Liability to Each Tortfeasor.”
Dawson v. Townsend & Sons, Inc., 735 So. 2d 1131 (Miss. Ct. App. 1999). “" Miss. Code Ann. § 85-5-7 (6). The statute accepts that injury is caused not only by "fault," but also by wilful, non-fault based acts.”
Coho Resources, Inc. v. McCarthy, 829 So. 2d 1 (Miss. 2002).
Callahan v. Ledbetter, 992 So. 2d 1220 (Miss. Ct. App. 2008).
Robinson Prop. Grp., Ltd. P'ship v. McCalman, 51 So. 3d 946 (Miss. 2011).
— Miss. Code Ann. § 85-5-7(3)(1999) — 1 case
Coho Resources, Inc. v. McCarthy, 829 So. 2d 1 (Miss. 2002).
— Miss. Code Ann. § 85-5-7(4) — 12 cases
Causey v. Sanders, 998 So. 2d 393 (Miss. 2008).
Borne v. Est. of Carraway, 118 So. 3d 571 (Miss. 2013).
Coleman Powermate, Inc. v. Rheem Mfg. Co., 880 So. 2d 329 (Miss. 2004).
J.B. Hunt Transp., Inc. v. Forrest Gen. Hosp., 34 So. 3d 1171 (Miss. 2010).
Est. of Hunter v. Gen. Motors Corp., 729 So. 2d 1264 (Miss. 1999). “The first issue, while relevant herein, is best discussed in the context of the next point of error, dealing with Miss.Code Ann. 85-5-7, which we deem to be controlling authority in the present crashworthiness context.”
— Miss. Code Ann. § 85-5-7(5) — 7 cases
Smiley v. Yllander, 105 So. 3d 1171 (Miss. Ct. App. 2012).
Jowers v. Lincoln Elec. Co., 617 F.3d 346 (5th Cir. 2010).
Goodyear Tire & Rubber Co. v. Kirby, 156 So. 3d 281 (Miss. Ct. App. 2009).
Ned O. Kronfol v. Barbara S. Johnson (Miss. Ct. App. 2019).
— Miss. Code Ann. § 85-5-7(6) — 2 cases
Brown v. North Jackson Nissan, Inc., 856 So. 2d 692 (Miss. Ct. App. 2003). “Miss.Code Ann. § 85-5-7 (Rev.1999). In such circumstance, the law now contemplates that the jury will apportion liability on a formula that includes consideration of the percentage of "fault" attributable to the various entities, whether or not some particular entity is a party…”
Dawson v. Townsend & Sons, Inc., 735 So. 2d 1131 (Miss. Ct. App. 1999). “" Miss. Code Ann. § 85-5-7 (6). The statute accepts that injury is caused not only by "fault," but also by wilful, non-fault based acts.”
— Miss. Code Ann. § 85-5-7(7) — 17 cases
Est. of Hunter v. Gen. Motors Corp., 729 So. 2d 1264 (Miss. 1999). “The first issue, while relevant herein, is best discussed in the context of the next point of error, dealing with Miss.Code Ann. 85-5-7, which we deem to be controlling authority in the present crashworthiness context.”
Eckman v. Moore, 876 So. 2d 975 (Miss. 2004). “Eckman asserted in his Response to Plaintiff's Motion for Summary Judgment that § 85-5-7 operates as a matter of law and that invocation of the defense does not require expert testimony.”
Dawson v. Townsend & Sons, Inc., 735 So. 2d 1131 (Miss. Ct. App. 1999). “" Miss. Code Ann. § 85-5-7 (6). The statute accepts that injury is caused not only by "fault," but also by wilful, non-fault based acts.”
MacK Trucks, Inc. v. Tackett, 841 So. 2d 1107 (Miss. 2003). “This products liability case presents issues of liability as well as apportionment of any such liability under our allocation of fault statute, Miss.Code Ann. § 85-5-7 (1999). We dispose of the liability issues summarily and affirm.”
Jackson Pub. Sch. Dist. v. Smith, 875 So. 2d 1100 (Miss. Ct. App. 2004).
— Miss. Code Ann. § 85-5-7(7)(1999) — 1 case
Coho Resources, Inc. v. McCarthy, 829 So. 2d 1 (Miss. 2002).
— Miss. Code Ann. § 85-5-7(8) — 3 cases
Ware v. Entergy Mississippi, Inc., 887 So. 2d 763 (Miss. 2003).
MacK Trucks, Inc. v. Tackett, 841 So. 2d 1107 (Miss. 2003). “This products liability case presents issues of liability as well as apportionment of any such liability under our allocation of fault statute, Miss.Code Ann. § 85-5-7 (1999). We dispose of the liability issues summarily and affirm.”
Stringfellow v. Reed, 739 F. Supp. 324 (S.D. Miss. 1990).
— Miss. Code Ann. § 85-5-7(9) — 2 cases
Ware v. Entergy Mississippi, Inc., 887 So. 2d 763 (Miss. 2003).
John H. Ware v. Entergy Mississippi, Inc. (Miss. 2002).
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