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HB1114 • 2026

Joint Tortfeasors; require to identify in answer.

AN ACT TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO REQUIRE DEFENDANTS TO IDENTIFY JOINT TORTFEASORS IN THEIR ANSWERS TO COMPLAINTS; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Tullos
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and has no legal effect as of now.

Require Defendants to Identify Joint Tortfeasors

This bill amends Section 85-5-7 of the Mississippi Code to require defendants to identify other parties who may be responsible for an injury or damage in their answers to complaints.

What This Bill Does

  • Changes Section 85-5-7 of the Mississippi Code to add requirements for defendants to name other people or entities that might also be at fault when they answer a complaint.

Who It Names or Affects

  • People and businesses sued for causing harm or damage, as defendants must now identify other potential responsible parties when they respond to a complaint.

Terms To Know

Joint Tortfeasors
People or entities who are jointly responsible for an injury or damage.

Limits and Unknowns

  • The bill did not pass and therefore has no legal effect.
  • It does not specify what happens if a defendant fails to identify joint tortfeasors as required.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Judiciary A

Official Summary Text

Joint Tortfeasors; require to identify in answer.

Current Bill Text

Read the full stored bill text 
H. B. No. 1114 *HR26/R666* ~ OFFICIAL ~ G1/2
26/HR26/R666
PAGE 1 (GT\KW)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Tullos

HOUSE BILL NO. 1114

AN ACT TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE DEFENDANTS TO IDENTIFY JOINT TORTFEASORS IN THEIR ANSWERS 2
TO COMPLAINTS; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 85-5-7, Mississippi Code of 1972, is 5
amended as follows: 6
85-5-7. (1) As used in this section, "fault" means an act 7
or omission of a person which is a proximate cause of injury or 8
death to another person or persons, damages to property, tangible 9
or intangible, or economic injury, including, but not limited to, 10
negligence, malpractice, strict liability, absolute liability or 11
failure to warn. Except as otherwise provided in this subsection 12
(1), "fault" shall not include any tort which results from an act 13
or omission committed with a specific wrongful intent. For any 14
premises-liability action, as defined under Section 11-1-66.1(7), 15
alleging injury as a result of the willful, wanton or intentional 16
tortious conduct of a third party on commercial or other real 17
property in the State of Mississippi, "fault" shall include any 18
H. B. No. 1114 *HR26/R666* ~ OFFICIAL ~
26/HR26/R666
PAGE 2 (GT\KW)

tort which results from an act or omission committed with a 19
specific wrongful intent. 20
(2) Except as otherwise provided in subsection (4) of this 21
section, in any civil action based on fault, the liability for 22
damages caused by two (2) or more persons shall be several only, 23
and not joint and several and a joint tortfeasor shall be liable 24
only for the amount of damages allocated to him in direct 25
proportion to his percentage of fault. In assessing percentages 26
of fault an employer and the employer's employee or a principal 27
and the principal's agent shall be considered as one (1) defendant 28
when the liability of such employer or principal has been caused 29
by the wrongful or negligent act or omission of the employee or 30
agent. 31
(3) Nothing in this section shall eliminate or diminish any 32
defenses or immunities which currently exist, except as expressly 33
noted herein. 34
(4) Joint and several liability shall be imposed on all who 35
consciously and deliberately pursue a common plan or design to 36
commit a tortious act, or actively take part in it. Any person 37
held jointly and severally liable under this section shall have a 38
right of contribution from his fellow defendants acting in 39
concert. 40
(5) (a) In actions involving joint tortfeasors, the trier 41
of fact shall determine the percentage of fault for each party 42
alleged to be at fault without regard to whether the joint 43
H. B. No. 1114 *HR26/R666* ~ OFFICIAL ~
26/HR26/R666
PAGE 3 (GT\KW)
ST: Joint Tortfeasors; require to identify in
answer.
tortfeasor is immune from damages. Fault allocated under this 44
subsection to an immune tortfeasor or a tortfeasor whose liability 45
is limited by law shall not be reallocated to any other 46
tortfeasor. 47
(b) In actions involving joint tortfeasors, the 48
defendant shall, in the answer to the complaint, identify the 49
person or entity to which the trier of fact is to allocate fault. 50
The defendant seeking to allocate fault shall have the same burden 51
of proof as any plaintiff who seeks to allocate fault. A 52
defendant's failure to identify a joint tortfeasor waives the 53
defendant's right to allocate fault to such person or entity. 54
(c) Any party seeking to allocate fault to a person or 55
entity who is not a party to the action shall bring the person or 56
entity into the action as a party. The court shall allow such 57
person or entity to be added as a party to the action. 58
(6) Nothing in this section shall be construed to create a 59
cause of action. Nothing in this section shall be construed, in 60
any way, to alter the immunity of any person. 61
SECTION 2. This act shall take effect and be in force from 62
and after July 1, 2026. 63