Deep Pocket Syndrome

A situation where claims are made based on the ability of the defendant to pay rather on share of blame. An injured party will try to blame the party with the greatest wealth (i.e., deepest pocket) where there is more than one potential defendant. Example: A & B are jointly liable for an injury; A was 90% negligent and B was 10% negligent, but A has no assets; the claimant is permitted to reach into the “deep pockets” of B for the full amount of the award against A & B.

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