WY: Why No Defendant Ever Pays Another's Share

Wyoming's liability rule doesn't bend at any fault percentage — each defendant's bill is capped at exactly their own share, full stop.

A genuinely clean several-only rule

Under Wyo. Stat. § 1-1-109, liability among multiple defendants in Wyoming is several only: each defendant found causally negligent pays only its own proportionate share of the total fault, and is never responsible for covering another defendant's portion of the damages.

No threshold, no exception

Here's what makes Wyoming's version genuinely distinctive compared to several of its 51%-bar peers. Many other states impose joint and several liability once a given defendant's fault crosses some threshold — sometimes a fairly low one. Wyoming's several-only rule doesn't include that kind of exception at all. However high one defendant's individual percentage of fault runs, their financial exposure stays capped at exactly that percentage.

The real consequence when a defendant can't pay

This structure has a genuine, practical downside for plaintiffs specifically when a defendant turns out to be judgment-proof or otherwise unable to pay. Because there's no joint and several mechanism to shift that uncollectible amount onto a co-defendant, the plaintiff may simply be unable to recover that portion of the judgment at all — a real risk worth weighing, especially in cases involving a defendant of uncertain financial means.

A trade-off worth understanding both ways

From a defendant's perspective, this rule offers genuine protection: no defendant in Wyoming risks being stuck covering a co-defendant's share, however that co-defendant's financial situation plays out. From a plaintiff's perspective, it means the practical value of a judgment against multiple defendants depends more heavily on each individual defendant's own ability to pay.

Who decides

If a case goes to trial, the jury assigns a percentage of fault to each party found to have contributed to the harm, including the plaintiff's own share where relevant. See our Wyoming comparative negligence calculator to see how that percentage translates directly into a dollar figure.

How fault is assigned in Wyoming — frequently asked questions

What does "several only" liability mean in Wyoming?

Each defendant found causally negligent pays only its own proportionate share of the total fault, and is never responsible for covering another defendant's portion of the damages.

Is there any fault percentage at which a Wyoming defendant becomes jointly and severally liable?

No. Unlike several other states that impose joint and several liability once a defendant's fault crosses some threshold, Wyoming's rule applies several-only liability without that kind of exception.

What happens if one defendant in a Wyoming case can't pay their share?

Because liability is several only, there's no statutory mechanism to shift that uncollectible amount onto a co-defendant — the plaintiff may simply be unable to recover that portion.

Does Wyoming's several-only rule apply the same way to every type of defendant?

The core several-only structure applies broadly under the comparative fault statute, though confirming how it interacts with any specific type of claim is worth doing with an attorney given the facts involved.

Who decides each party's percentage of fault in a Wyoming case?

The jury, if a case goes to trial, assigning a percentage of fault to each party found to have contributed to the harm, including the plaintiff's own share where relevant.

This page provides general guidance only and is not legal advice. Figures are based on Wyoming statute (Wyo. Stat. § 1-1-109), verified per our methodology. Confirm how these considerations apply to a specific claim with a licensed Wyoming attorney before acting.