1. Notwithstanding any other provision of law, when a verdict or decision in an action or claim for personal injury is determined in favor of a claimant in an action involving two or more tortfeasors jointly liable or in a claim against the state and the liability of a defendant is found to be fifty percent or less of the total liability assigned to all persons liable, the liability of such defendant to the claimant for non-economic loss shall not exceed that defendant’s equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss; provided, however that the culpable conduct of any person not a party to the action shall not be considered in determining any equitable share herein if the claimant proves that with due diligence he or she was unable to obtain jurisdiction over such person in said action (or in a claim against the state, in a court of this state); and further provided that the culpable conduct of any person shall not be considered in determining any equitable share herein to the extent that action against such person is barred because the claimant has not sustained a “grave injury” as defined in section eleven of the workers’ compensation law. 2. Nothing in this section shall be construed to affect or impair any right of a tortfeasor under section 15-108 of the general obligations law.
§ 1601.Limited liability of persons jointly liable.
Article 16. Limited Liability of Persons Jointly Liable · Last amended 1996 · Last verified July 21, 2026
In one sentenceCPLR 1601 caps a defendant found 50 percent or less at fault at their own equitable share of non-economic damages in a personal injury case with multiple tortfeasors, replacing full joint-and-several exposure for pain-and-suffering awards.
Full Text of CPLR 1601
Plain-English Summary
Before 1986, a defendant found even 1 percent at fault for a personal injury could be forced to pay the entire judgment if every other liable party turned out to be judgment-proof. CPLR 1601 changed that, but only for a slice of the damages. When a jury or court finds a defendant's share of the total liability is 50 percent or less, that defendant's liability to the claimant for non-economic loss -- pain and suffering, mental anguish, and the like as defined in CPLR 1600 -- is capped at their own equitable share, set by their relative culpability. A defendant found 15 percent at fault pays 15 percent of the non-economic damages, not the full award, even if every other tortfeasor can't pay.
The cap comes with two built-in limits on how equitable share gets calculated. First, if the claimant proves that, despite due diligence, they couldn't get jurisdiction over some other person who contributed to the injury, that absent person's fault doesn't count toward shrinking the capped defendant's share -- a defendant can't point to an unreachable, judgment-proof, or out-of-state wrongdoer to escape a larger share of the responsibility. Second, if a claimant is barred from suing an employer because the injury doesn't meet the grave-injury threshold in the workers' compensation law, that employer's fault likewise doesn't get counted in figuring the other defendants' equitable shares -- the workers' compensation bar doesn't get repurposed to shrink everyone else's exposure.
Subsection 2 clarifies that none of this touches General Obligations Law 15-108, which governs how a settlement with one tortfeasor affects the liability of the ones who don't settle. The two schemes run side by side rather than one overriding the other.
Article 16 caps only non-economic loss. Economic damages -- medical expenses, lost income, future care -- remain subject to ordinary joint-and-several liability under prior law, meaning a low-fault defendant can still be forced to cover the whole economic loss if co-defendants can't pay. And the cap itself has broad exceptions, spelled out in CPLR 1602, for everything from motor vehicle liability to intentional conduct to certain product liability claims.
Frequently Asked Questions
What is several liability for non-economic damages in New York?
Under CPLR 1601, a defendant found 50 percent or less at fault in a personal injury case with multiple tortfeasors pays only their own equitable share of non-economic damages like pain and suffering, instead of the full award if a co-defendant can't pay.
How much fault must a defendant have to get the CPLR 1601 cap?
50 percent or less of the total liability assigned to all persons responsible for the injury. A defendant found more than 50 percent at fault remains fully liable for non-economic damages under ordinary joint-and-several rules.
Does CPLR 1601 limit liability for medical bills and lost wages?
No. The cap applies only to non-economic loss as defined in CPLR 1600 -- pain and suffering, mental anguish, and similar damages -- not to economic losses like medical expenses or lost earnings.
Can a defendant blame an absent, unreachable person to shrink their equitable share under CPLR 1601?
Not if the claimant proves that, despite due diligence, they couldn't get jurisdiction over that person. In that situation, the absent person's fault isn't counted when figuring the other defendants' equitable shares.
How does the workers' compensation grave-injury rule affect the CPLR 1601 cap?
If a claimant is barred from suing an employer because the injury isn't a grave injury under the workers' compensation law, that employer's fault is left out of the equitable-share calculation for the remaining defendants.
Does CPLR 1601 affect settlement credits under General Obligations Law 15-108?
No. Subsection 2 of CPLR 1601 states that nothing in the section impairs a tortfeasor's rights under General Obligations Law 15-108, so the two provisions operate independently.
Are there exceptions to the CPLR 1601 several-liability cap?
Yes, a long list in CPLR 1602 -- including motor vehicle liability, intentional conduct, certain product liability and environmental claims, and pre-existing indemnification contracts -- takes those cases out of the cap entirely.
Why was New York's several-liability rule enacted?
New York adopted CPLR 1601 in 1986 as part of a broader tort-reform effort to stop low-fault defendants, often chosen for suit because they had insurance or assets, from bearing an entire non-economic damages award alone.
Amendment History
Add, L 1986, ch 682, § 6, eff July 30, 1986; amd, L 1996, ch 635, § 5, eff Sept 10, 1996.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: New York several liabilityCPLR 1601 several liability capnon-economic damages cap New York50 percent rule New York tortjoint and several liability exception New Yorkequitable share pain and suffering New Yorkseveral liability tort reform New York