Civil & Criminal LiabilityQuestion 88 of 100

California Civil Code §1431.2 (Proposition 51) governs how non-economic damages are allocated in a multi-defendant case. Under this rule, a defendant licensee held civilly liable in a §25602.1 minor case is responsible for:

a.100% of all damages, jointly with the patron
b.Only their proportionate share of non-economic damages based on the trier of fact's comparative-fault allocation
c.No damages because Proposition 51 abolished tort liability
d.Triple damages for punitive purposes

Explanation

Proposition 51 (Civil Code §1431.2) provides that liability for non-economic damages (pain and suffering, emotional distress) is several only — each defendant pays its own percentage share. Economic damages (medical bills, lost wages) remain joint and several. In a §25602.1 case, a jury allocates fault among the drunk minor, the server/licensee, the parents, and others; the licensee's exposure on non-economic damages is limited to its assigned share, often reducing total exposure.

Law Reference: Cal. Civ. Code §1431.2 (Proposition 51)

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