Provisions

Liability of jointed committed tort

According to the provisions of Tort Liability Law, the liability of jointed committed tort will be based on the following principles:

(1) Where two or more persons jointly commit a tort, causing harm to another person, they shall be liable jointly and severally.

(2) Any person who abets or assists any other person in committing a tort shall be liable jointly and severally with the tortfeasor. Any person who abets or assists any other person without capacity of civil conduct or with capacity of civil conduct in committing a tort shall bear liability for the tort; the guardian of such a person without capacity for civil conduct or with limited capacity for civil conduct shall bear the relevant liability if failing to fulfill the guardian duties.

(3) Where two or more persons engage in a conduct that endangers the personal or property safety of another person, if only the conduct of one or several of them causes harm to another person and the specific tortfeasor can be determined, that tortfeasor shall be liable; or if the specific tortfeasor cannot be determined, all of them shall be liable jointly and severally.

(4) Where two or more persons commit torts respectively, causing the same harm, and each tort is sufficient to cause the entire harm, the tortfeasors shall be liable jointly and severally.

(5) Where two or more persons commit torts respectively, causing the same harm, if the respective liability of each tortfeasor can be determined, the tortfeasors shall bear corresponding liabilitity respectively; or if the respective liability of each tortfeasor cannot be determined, the tortfeasors shall evenly bear the compensatory liability.