Joint and several liability arises in those occasions where there are multiple participants engaged in negligent conduct. If a third person is harmed because of the participants negligent acts, each participant is liable for the harm to the third party because by participating in the negligent act, they induced, encouraged, or help cause the resultant injury and damages.
By way of example, if two cars are racing side by side on a two lane road, one lane in each direction, and the car driving in the opposing lane collides with another vehicle traveling the opposite direction, not only is the driver who was driving on the wrong side of the road liable, but so is the other car driver who was racing, but was in its own lane and did not crash into the third party.
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