- JOINT AND SEVERAL LIABILITY:
A concept, under CERCLA, based on the theory that it may not be possible to apportion responsibility for the harm caused by hazardous waste equitably among potentially responsible parties (PRP). Joint liability means that more than one PRP is liable to the plaintiff. Several liability means that the plaintiff may choose to sue only one of the defendants and recover the entire amount. One PRP therefore can be held liable for the entire cost of cleanup, regardless of the share of waste that PRP contributed. Joint and several liability is used only when harm is indivisible. If defendants can apportion harm, there is no several liability.
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