(a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them.
§ 876.Pro Rata Share of Each Tortfeasor Judgment Debtor
Title 11. Contribution Among Joint Judgment Debtors · Chapter 1. Releases From and Contribution Among Joint Tortfeasors · Enacted 1700 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 876 defines each tortfeasor judgment debtor's pro rata share as an equal division of the entire judgment among all of them, except that persons held liable solely for one person's tort, such as a master for a servant, together owe only a single pro rata share.
Full Text of § 876
(b) Where one or more persons are held liable solely for the tort of one of them or of another, as in the case of the liability of a master for the tort of his servant, they shall contribute a single pro rata share, as to which there may be indemnity between them.
Plain-English Summary
Section 875 promises a right of contribution measured against a pro rata share; this section supplies the math. Divide the entire judgment equally among every tortfeasor judgment debtor, and that quotient is each one's pro rata share — a per-capita division rather than one weighted by relative fault.
Subdivision (b) addresses vicarious liability. Where a group of people is held liable only because of one member's tort — the classic example being an employer liable for an employee's conduct under respondeat superior — that group contributes a single pro rata share together, not one share apiece. The statute leaves room for those within the group to work out indemnity among themselves, since one of them (the actual wrongdoer) may ultimately owe the whole share to the others.
Frequently Asked Questions
How is a pro rata share calculated under § 876?
By dividing the entire judgment equally among all the tortfeasor judgment debtors — an equal division, not one apportioned by degree of fault.
What happens when liability is vicarious, like an employer's liability for an employee?
Subdivision (b) treats the employer and employee as owing a single pro rata share together, rather than a full share each, though indemnity may still run between them.
Does § 876 account for how much each tortfeasor was at fault?
No. The statute divides the judgment equally per judgment debtor rather than weighing comparative fault.
Amendment History
Added by Stats. 1957, Ch. 1700.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: pro rata share california tortfeasorcontribution formula joint tortfeasors