What is a key reason for seeking indemnification in joint tortfeasor cases?

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Seeking indemnification in joint tortfeasor cases often arises because one defendant may have been more responsible for the harm caused than the others involved. In these situations, the tort law principle allows the more culpable party to seek reimbursement from the less culpable party for part or all of the damages they have had to pay to the injured party. This is rooted in fairness, as it seeks to allocate liability based on the level of fault each party bears.

In a case where multiple parties are liable for the same tortious conduct, indemnification serves to ensure that those who hold a greater share of responsibility can reclaim costs from those who are less liable. This is particularly relevant in complex cases where the contributions to the injury might not be equally distributed among the tortfeasors, making it necessary for the legal system to provide a mechanism for cost recovery based on proportional responsibility. Such arrangements help to maintain fairness in the allocation of liability and compensatory damages among co-defendants.

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