Oklahoma Statutes

Okla. Stat. tit. 23, § 15 (2026)

Joint tortfeasor liability - Several only

✓ current as of July 2026

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A. In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons

shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor. B. This section shall not apply to actions brought by or on behalf of the state. C. The provisions of this section shall apply to all civil actions based on fault and not arising out of contract that accrue on or after November 1, 2011. Added by Laws 2004, c. 368, § 18, eff. Nov. 1, 2004. Amended by Laws 2009, c. 228, § 23, eff. Nov. 1, 2009; Laws 2011, c. 15, § 1, eff. Nov. 1, 2011.

Notes of Decisions

Cited in 20 cases (11 in the last 5 years), 2009–2026 · leading case: State Ex Rel. Attorney Gen. of Oklahoma v. Johnson & Johnson, 2021 OK 54 (Okla. 2021).

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State Ex Rel. Attorney Gen. of Oklahoma v. Johnson & Johnson, 2021 OK 54 (Okla. 2021). “23 O.S.2011 § 15. This statute applies to a "joint tortfeasor.”

Jp Energy Mktg. v. Com. & Indus. Ins. Co., 2018 OK CIV APP 14 (Okla. Civ. App. 2017). · cites it 4× “They also assert that JP cannot be held jointly liable for Wilcrest and Global's negligence, pursuant to 23 O.S. § 15. 11 Navigators contends liability cannot arise out of Wilcrest's negligence, because a jury in one of the nineteen cases in the underlying litigation returned a…”

Egbert v. Nissan Motor Co., Ltd., 2010 UT 8 (Utah 2010). “22 (LexisNexis 2009); Okla. Stat. tit. 23, § 15 (2009); 42 Pa. Cons.”

Est. of Miller Ex Rel. Miller v. Thrifty Rent-A-Car Sys., Inc., 609 F. Supp. 2d 1235 (M.D. Fla. 2009). “” Okla. Stat. Ann. tit. 23, § 15 . However, the statute provides that a defendant will be held jointly and severally liable where the defendant’s share of fault is greater than fifty percent, id.”

JP Energy Mktg., LLC v. Com. & Indus. Ins. Co., 412 P.3d 121 (Okla. Civ. App. 2017). · cites it 2× “They also assert that JP cannot be held jointly liable for Wilcrest and Global's negligence, pursuant to 23 O.S. § 15. 11 Navigators contends liability cannot arise out of Wilcrest's negligence, because a jury in one of the nineteen cases in the underlying litigation returned a…”

W. P. Bistro Tulsa v. Henry Real Est., 2022 OK CIV APP 24 (Okla. Civ. App. 2021). · cites it 4× “23 O.S. § 15 ¶21 Although this case went to trial against both HRE and Henry on the claim of conversion, the evidence in the record demonstrates that this was not a case based on the fault of more than one party.”

Richards v. Foremost Ins. Co. v. Brown & Son Mobile Home Svc, LLC, 2026 OK 52 (Okla. 2026). · cites it 9× “The motion argued that Oklahoma's 2011 amendment to 23 O.S. § 15 CERTIORARI PREVIOUSLY GRANTED; COURT OF CIVIL APPEALS DECISION VACATED; TRIAL COURT AFFIRMED ON OTHER GROUNDS.”

O'Dell v. Baker (E.D. Okla. 2023). · cites it 4× “§ 832 (A), that the mandate for several liability in 23 O.S. § 15 does not prohibit third party claims for contribution as § 832 states that a right of contribution” exists between parties that become joint and severally liable in tort for the same injury to person or property.”

Beier v. Earn (E.D. Okla. 2023). · cites it 3× “Defendant Earn further asserts that because Oklahoma has adopted several liability pursuant to Okla. Stat. tit. 23, § 15 , KCSR and PTI will never have to pay more than their proportionate share of liability for Plaintiffs’ injuries and their contribution claims are therefore…”

Njuguna v. CR England Inc (W.D. Okla. 2022). · cites it 3× “23 O.S. § 15 abolished this possibility when it adopted several liability as the only appropriate way to apportion damages pursuant to Oklahoma law.”

In Re: Amendments to the Oklahoma Unif. Jury Instructions, 2014 OK 17 (Okla. 2014). · cites it 7× “In 2004, the Oklahoma Legislature adopted 23 O.S. § 15, which provides for several liability in all actions based on fault and not arising out of contract, except that a defendant is subject to joint and several liability if that defendant's percentage of negligence is greater…”

West v. ABC Oil Co. Inc (W.D. Okla. 2019). · cites it 2× “The court would be required to review and consider numerous briefs to 11 In their response, defendants argue that under 23 O.S. § 15(A), the new defendants’ liability for damages for the alleged tort claims would be several rather than joint.”

Show all 20 citing cases →

— Okla. Stat. tit. 23, § 15(A) — 4 cases

West v. ABC Oil Co. Inc (W.D. Okla. 2019). “The court would be required to review and consider numerous briefs to 11 In their response, defendants argue that under 23 O.S. § 15(A), the new defendants’ liability for damages for the alleged tort claims would be several rather than joint.”

Osterhout v. Morgan (E.D. Okla. 2020).

Great West Cas. Co. v. Fast Haul Inc (W.D. Okla. 2019).

Njuguna v. CR England Inc (W.D. Okla. 2022). “23 O.S. § 15 abolished this possibility when it adopted several liability as the only appropriate way to apportion damages pursuant to Oklahoma law.”

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