§ 8.01-34.When contribution among wrongdoers enforced.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-34
Plain-English Summary
Contribution lets a defendant who has paid out more than a fair share of a joint judgment turn around and collect the rest from the other wrongdoers who share responsibility for the same injury. This section is Virginia’s baseline authorization for that remedy, and it draws a sharp line around when the remedy is available: the underlying wrong must rest on negligence.
The negligence requirement carries a deliberate exclusion. Where the wrong involves moral turpitude — conduct that is intentional, dishonest, or otherwise morally blameworthy rather than merely careless — contribution among the wrongdoers is unavailable. A defendant who acted with that kind of culpability cannot spread the cost of the judgment onto co-defendants; the law leaves that loss where it fell.
Frequently Asked Questions
What does “contribution among wrongdoers” mean?
It is the right of one defendant who paid more than a fair share of a judgment for a shared injury to recover the excess from the other defendants who are also responsible for that injury.
Does this section apply when the underlying conduct was intentional rather than careless?
No. Contribution is limited to wrongs resulting from negligence. A wrong involving moral turpitude falls outside the section, so the wrongdoers responsible for that kind of conduct cannot seek contribution from one another.
Who can bring a contribution claim under this section?
A wrongdoer who has paid a disproportionate share of a judgment or settlement for an injury caused jointly with others can seek contribution from those other responsible parties, provided the underlying wrong was negligent.
What counts as “moral turpitude” for purposes of this section?
The section itself does not define the term, but it draws the line against conduct that is merely careless. Wrongs involving dishonesty, intentional harm, or similar blameworthy conduct fall outside the negligence standard this section requires.
Is contribution the same thing as joint and several liability?
No. Joint and several liability determines what a plaintiff can collect from each defendant. Contribution operates afterward, among the defendants themselves, letting one who paid more than a fair share recover the difference from the others.
Amendment History
Code 1950, § 8-627; 1977, c. 617.