Texas Civil Practice & Remedies Code § 33.013 – Several Liability
Table of Contents
Statutory Text:
“Except as provided in Section 33.015, a liable defendant is liable only for the percentage of the damages found by the trier of fact equal to that defendant’s percentage of responsibility.”
(b) However, a defendant is jointly liable for all damages if:
the percentage of responsibility is greater than 50%; or
the defendant acted in concert with others to commit certain specified acts (e.g., felony or intentional tort).
What Is the Several Liability Rule in Texas?
Under § 33.013, Texas law limits a defendant’s financial responsibility to their individual share of fault. This concept is called “several liability.”
In most cases, a defendant is not jointly liable for the full amount of damages unless:
They are more than 50% at fault, or
They intentionally acted together with others to cause harm (e.g., fraud, assault, etc.)
Key Effects of § 33.013
Each defendant pays damages proportionate to their assigned fault
Prevents one defendant from being held responsible for 100% of the judgment unless certain exceptions apply
Encourages fair distribution of liability in multi-party litigation
Example Scenario
Three defendants are found liable in a premises liability case:
Defendant A: 20% at fault
Defendant B: 30% at fault
Defendant C: 50% at fault
Each defendant is only responsible for paying their percentage of the total damages unless one crosses the 50% threshold, in which case they may become jointly liable for the entire judgment if other legal requirements are met.
When Does Joint Liability Still Apply in Texas?
Joint liability under § 33.013(b) applies when:
A defendant’s percentage of responsibility is > 50%
There was willful or intentional misconduct
There was concerted action, such as conspiracy or mutual agreement to cause harm
Practical Application in Texas Civil Cases
Used in personal injury, negligence, product liability, and toxic tort cases
Helps defendants reduce exposure when others are more at fault
Influences settlement strategy and jury instruction design
Related Statutes
§ 33.015 – Contribution Among Tortfeasors
Texas Case Law Interpreting § 33.013
The court confirmed that liability is several—not joint—unless the exceptions in § 33.013(b) are triggered.
Reiterated that fault allocation under Chapter 33 controls a defendant’s liability share especially in mixed-responsibility cases.
Frequently Asked Questions About § 33.013
Houston Personal Injury Lawyer - Joel A. Gordon
Each defendant pays only their percentage of fault—unless they meet the joint liability criteria.
When they are more than 50% at fault or engaged in intentional or concerted misconduct with others.
Generally no, unless joint liability applies. Otherwise, each defendant pays their share based on the jury’s allocation.
Yes. It applies to all negligence-based civil cases, including car accidents, workplace injuries, and more.