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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8324 (2026)

  Right of contribution.

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§ 8324.  Right of contribution.

(a)  General rule.--The right of contribution exists among joint tort-feasors.

(b)  Payment required.--A joint tort-feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.

(c)  Effect of settlement.--A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.

Notes of Decisions
Cited in 48 cases (6 in the last 5 years), 1980–2025 · leading case: Encompass Ins. Co v. Stone Mansion Restaurant Inc, 902 F.3d 147 (3d Cir. 2018).
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Encompass Ins. Co v. Stone Mansion Restaurant Inc, 902 F.3d 147 (3d Cir. 2018). “" 42 Pa. Cons. Stat. § 8324 (a). The statute also provides that "[a] joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the…”
Charles v. Giant Eagle Markets, 522 A.2d 1 (Pa. 1987). · cites it 4× “By the stroke of its pen, the majority today has not only rewritten the Uniform Contribution Among Tortfeasors Act so as to render it meaningless and senseless, it has obliterated the explicit legislated right of contribution which exists among joint tortfeasors pursuant to 42…”
Baker v. ACandS, 755 A.2d 664 (Pa. 2000). · cites it 4× “§ 7102; 42 Pa.C.S. §§ 8324(c) and 8327. Second, ACandS is incorrect in its conclusion that joint tortfeasors in a strict liability matter have no right to seek contribution from each other.”
Schuman v. Vitale, 602 A.2d 390 (Pa. Commw. Ct. 1992). · cites it 12× “[4] I respectfully suggest that the effect of the majority opinion is to "amend" 42 Pa.C.S. § 8324 by changing the General Assembly's word "settlement" to "release.”
EQT Prod. Co. v. Terra Servs., LLC, 179 F. Supp. 3d 486 (W.D. Pa. 2016). · cites it 2× “42 Pa. C.S. § 8324(a); Bank v. City of Philadelphia, 991 F.”
Moran v. G. & W.H. Corson, Inc., 586 A.2d 416 (Pa. Super. Ct. 1991). · cites it 2× “[4] Justice Zappala, in his dissent, argued that "[b]y the stroke of its pen, the majority today has not only rewritten the Uniform Contribution Among Tortfeasors Act so as to render it meaningless and senseless, it has obliterated the explicit legislated right of contribution…”
Wade v. S. J. Groves & Sons Co., 424 A.2d 902 (Pa. Super. Ct. 1981). · cites it 2× “Restatement (Second) of Torts § 433(B)(2). Not only has appellee Williams not met this burden but the record is devoid of any evidence indicating the propriety of apportionment.”
Buschman v. Druck, 590 A.2d 53 (Pa. Commw. Ct. 1991). · cites it 2× “If contributory negligence is to replace the legislature's mandate to use comparative negligence in these cases, it must be the General Assembly and not the judiciary which decides to do so.”
Carrozza v. Greenbaum, 916 A.2d 553 (Pa. 2007). “In this regard, PPCIGA appears to be like any other tortfeasor’s insurer.”
Off. Comm. of Unsecured Creditors of Allegheny Health Educ. v. Pricewaterhousecoopers, LLP, 989 A.2d 313 (Pa. 2010). “s, "contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be…”
Baker v. AC&S, INC., 729 A.2d 1140 (Pa. Super. Ct. 1999). · cites it 2× “Further, a tortfeasor is not entitled to contribution from another tortfeasor until he or she has discharged the common liability or paid more than his or her pro rata share thereof; however, a settling tortfeasor may seek contribution only from a tortfeasor whose liability he…”
Shields, Arnett L. v. Consol. Rail Corp. v. Bethlehem Steel Corp., 810 F.2d 397 (3d Cir. 1987). “1986); 42 Pa.Cons.Stat. § 8324 (1982). A. A district court’s choice of law determination is governed by the choice of law rules of the forum state.”
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42 Pa. Cons. Stat. § 8324(a): 15 cases
EQT Prod. Co. v. Terra Servs., LLC, 179 F. Supp. 3d 486 (W.D. Pa. 2016). “42 Pa. C.S. § 8324(a); Bank v. City of Philadelphia, 991 F.”
Off. Comm. of Unsecured Creditors of Allegheny Health Educ. v. Pricewaterhousecoopers, LLP, 989 A.2d 313 (Pa. 2010). “s, "contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be…”
Agere Sys., Inc. v. Advanced Env't Tech. Corp., 552 F. Supp. 2d 515 (E.D. Pa. 2008).
City of Rome v. Glanton, 958 F. Supp. 1026 (E.D. Pa. 1997).
Oviatt v. Automated Entrance Sys. Co., 583 A.2d 1223 (Pa. 1990).
42 Pa. Cons. Stat. § 8324(b): 10 cases
Ottavio v. Fibreboard Corp., 617 A.2d 1296 (Pa. Super. Ct. 1992).
Svetz for Svetz v. Land Tool Co., 513 A.2d 403 (Pa. 1986).
McMeekin v. Harry M. Stevens, Inc., 530 A.2d 462 (Pa. 1987).
Craigie v. Gen. Motors Corp., 740 F. Supp. 353 (E.D. Pa. 1990).
Oviatt v. Automated Entrance Sys. Co., 583 A.2d 1223 (Pa. 1990).
42 Pa. Cons. Stat. § 8324(c): 6 cases
Baker v. ACandS, 755 A.2d 664 (Pa. 2000). “§ 7102; 42 Pa.C.S. §§ 8324(c) and 8327. Second, ACandS is incorrect in its conclusion that joint tortfeasors in a strict liability matter have no right to seek contribution from each other.”
Schuman v. Vitale, 602 A.2d 390 (Pa. Commw. Ct. 1992). “[4] I respectfully suggest that the effect of the majority opinion is to "amend" 42 Pa.C.S. § 8324 by changing the General Assembly's word "settlement" to "release.”
Taylor v. Solberg, 778 A.2d 664 (Pa. 2001).
Kovalesky v. Giant Rug Mkt., 618 A.2d 1044 (Pa. Super. Ct. 1993).
Straw, J. v. Fair, K. v. Pittsburgh Lubes, 284 A.3d 899 (Pa. Super. Ct. 2022).
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