A. When two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them except as provided in this section.
§ 832.Joint Tort-Feasors - Contribution - Indemnity - Exemptions - Release, Covenant Not to Sue, Etc
Chapter 13: Limitation of Actions · Last amended May 23, 1995 · Last verified August 3, 2026
In one sentenceSection 832 gives joint or several tortfeasors liable for the same injury or wrongful death a right of contribution from each other, limited to a tortfeasor's payment in excess of a pro rata share, denied to intentional wrongdoers, and shaped by special rules for settlements, insurers, and indemnity.
Full Text of § 832
B. The right of contribution exists only in favor of a tort-feasor who has paid more than their pro rata share of the common liability, and the total recovery is limited to the amount paid by the tort-feasor in excess of their pro rata share. No tort-feasor is compelled to make contribution beyond their pro rata share of the entire liability.
C. There is no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury or wrongful death.
D. A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
E. A liability insurer which by payment has discharged, in full or in part, the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, is subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
F. This act does not impair any right of indemnity under existing law. When one tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation.
G. This act shall not apply to breaches of trust or of other fiduciary obligation.
H. When a release, covenant not to sue, or a similar agreement is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
1. It does not discharge any other tort-feasor from liability for the injury or wrongful death unless the other tort-feasor is specifically named; but it reduces the claim against others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is greater; and
2. It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort- feasor.
Amendment History
Added by Laws 1978, HB 1746, c. 78, § 1, eff. 10/1/1978; Amended by Laws 1980, HB 1897, c. 109, § 1, eff. 10/1/1980; Amended by Laws 1995, SB 277, c. 218, § 1, emerg. eff. 5/23/1995.
Plain-English Summary
Section 832 is Oklahoma's core contribution statute for joint tortfeasors. When two or more people are jointly or severally liable in tort for the same injury or wrongful death, each has a right of contribution from the others, even if judgment hasn't been entered against all of them. That right belongs only to a tortfeasor who has paid more than a pro rata share of the common liability, the recovery is capped at that excess, and no tortfeasor can be forced to pay beyond a pro rata share. A tortfeasor who intentionally caused or contributed to the injury or death gets no contribution right at all.
Settlements complicate the picture. A tortfeasor who settles can't seek contribution from another tortfeasor whose liability the settlement didn't extinguish, and can't recover more than a reasonable settlement amount. An insurer that pays and discharges a tortfeasor's liability steps into that tortfeasor's contribution rights for the amount paid above the pro rata share. None of this disturbs indemnity: someone entitled to indemnity gets indemnity, not contribution, and the party owing indemnity can't turn around and claim contribution from the party it indemnifies. The whole scheme leaves breaches of trust or other fiduciary duty untouched.
A good-faith release or covenant not to sue given to one tortfeasor doesn't let the others off the hook unless they're specifically named in it, though it reduces what can be claimed against them by the amount the release states or the consideration paid for it, whichever is larger. And it cuts off the released tortfeasor's own exposure to contribution claims from the others.
Frequently Asked Questions
If two people are both at fault for the same accident, can one who pays the whole judgment go after the other for a share?
Yes. Section 832 gives a right of contribution among tortfeasors liable for the same injury or wrongful death, even if judgment wasn't entered against all of them.
How much contribution can a tortfeasor recover?
Only the amount paid in excess of that tortfeasor's pro rata share of the common liability, and no tortfeasor can be forced to pay more than its own pro rata share.
Can someone who intentionally caused the injury get contribution from other tortfeasors?
No. Section 832 denies any right of contribution to a tortfeasor who intentionally caused or contributed to the injury or death.
If I settle with the injured person, can I still seek contribution from the other tortfeasor?
Only if the settlement extinguished the other tortfeasor's liability, and only up to a reasonable settlement amount.
Does settling with one tortfeasor let the others off the hook?
No, unless the release specifically names them, though the claim against the others is reduced by the amount stated in the release or the consideration paid, whichever is greater.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: joint tortfeasor contribution oklahomapro rata share liability oklahomasettlement release effect on other defendants oklahomacan you sue a codefendant for contribution