Texas Civil Practice & Remedies Code § 33.013 – Several Liability
Table of Contents
Statutory Text:
A defendant who pays more than their share of damages may seek contribution from any other person who was liable for the same harm. The right to contribution exists when the party from whom contribution is sought:
Was found liable by the trier of fact, and
Was not immune or protected by law from liability.
What Is Contribution Among Tortfeasors in Texas?
Under § 33.015, a defendant who pays more than their percentage of fault may be entitled to contribution from other parties who were also responsible for the injury.
This statute ensures equity between defendants when one is forced to satisfy more than their fair share of a judgment.
Key Points About Contribution
Applies after a judgment, not before
The contributing party must have been:
Found liable by the court or jury
Not immune from liability (e.g., government entities, settled parties in some cases)
Contribution is typically sought via separate motion or third-party action
Example Scenario
Three defendants are found liable for $300,000 in damages:
Defendant A: 40% at fault
Defendant B: 40% at fault
Defendant C: 20% at fault (but bankrupt)
If Defendant A pays $240,000 because Defendant B does not pay, A may seek contribution from B to recover the $120,000 overpayment.
How § 33.015 Works With Other Provisions
- Complements § 33.013 (several liability) by giving financial recourse to overpaying defendants
- Often arises in multi-party personal injury, product liability, and commercial tort claims
- Does not apply where the party from whom contribution is sought was not found liable or is legally immune
Texas Case Law Interpreting § 33.015
Clarified that a defendant may only seek contribution under § 33.015 from another party found liable by the trier of fact.
Reinforced that contribution claims require liability findings, and cannot be asserted against immune or released parties.
Frequently Asked Questions About § 33.013
Houston Personal Injury Lawyer - Joel A. Gordon
A tortfeasor is any person or entity found legally responsible for harm under civil law—usually through negligence, strict liability, or intentional tort.
Yes, under § 33.015, if that party was found liable and is not immune from the judgment.
It generally applies after judgment, unless raised early through crossclaims or third-party actions.
No, typically you cannot seek contribution from a party that settled in good faith before trial.