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The Law Commission has released a document that discusses a review of leaky home liability cases where there is more than one defendant.

At present, if two or more people are responsible for the same loss then each one is potentially liable for the entire cost.

A move to proportionate liability would mean each defendant is liable for a share of the losses, relative to their responsibility in causing the damage.

If some of the parties such as builders were insolvent the rest would not have to pick up the bill.  However, this does not favour home owners who could miss out of a percentage of a judgment in their favour, if one of the parties can't pay.

The commission is asking submitters for advice on how to resolve this issue.

Source and full story: NZ Herald

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