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As the doctrine of comparative negligence emerged throughout the last few decades, the concept of apportionment of liability quickly became commonplace in tort law litigation. See Harvey S. Perlman and Gary T. Schwartz, “Third Annual Judges and Lawyers Symposium: The Restatement (Third) of Torts and the Future of Tort Law: Overview by the ALI Reporters: General Principles,” 10 Kan. J.L. & Pub. Pol’y 8 (2000); See generally, Restat 3d of Torts: Apportionment of Liability, §26 (3rd 2000). While the doctrine of joint and several liability ensured that plaintiffs could fully recover against any one defendant for their injuries, it also left defendants at risk of taking more of the liability for an incident than they deserved. Relatively recently, courts have turned to apportionment of liability as a potential solution to this problem.

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