A Pierringer release is an agreement between a plaintiff and one defendant in a lawsuit. In this agreement, the plaintiff agrees to release one defendant from liability but retains the right to continue the lawsuit against the other defendants. The plaintiff also agrees to reduce the claim against the remaining defendants by the amount of money paid for the release. This type of release is named after a court case known as Pierringer v. Hoger. In this case, the court ruled that a release could take immediate effect as long as the plaintiff would satisfy any portion of a judgement against a non-settling party that exceeds that party’s proportionate share of damages. This means that the court can only enter judgement for the non-settling party’s share of damages.
A Pierringer release is a legal agreement that allows the plaintiff to release one defendant from a lawsuit while retaining the right to continue the case against the other defendants. For instance, if someone is injured in a car accident involving two drivers, they may choose to release one driver from the lawsuit in exchange for compensation. However, they can still pursue the case against the other driver. Additionally, the Pierringer release requires the plaintiff to reduce their claim against the remaining defendants by the amount of compensation received from the released defendant. The term “Pierringer release” originates from the court case Pierringer v. Hoger, where the court determined that a release can take immediate effect as long as the plaintiff agrees to seek damages solely from the non-settling defendant’s proportionate share of liability.
A Pierringer Release is a legal document that allows a settling defendant in a lawsuit to be released from further liability, while the plaintiff can continue pursuing claims against the remaining defendants.
A Pierringer Release is typically used in multi-defendant lawsuits, where one or more defendants wish to settle their portion of liability without affecting the claims against the other defendants.
By signing a Pierringer Release, the settling defendant can limit their financial exposure and potential liability by settling with the plaintiff for a specific amount, while still allowing the plaintiff to pursue claims against the other defendants.
Yes, a plaintiff has the right to refuse a Pierringer Release if they believe it is not in their best interest. However, if the plaintiff accepts the release, they will be bound by its terms and cannot pursue further claims against the settling defendant.
No, once a plaintiff signs a Pierringer Release and accepts the settlement amount, they cannot seek further damages from the settling defendant. The release effectively ends the plaintiff’s claims against that particular defendant.
No, a defendant cannot be forced to sign a Pierringer Release. It is a voluntary agreement between the settling defendant and the plaintiff.
Pierringer Releases are commonly used in personal injury and product liability lawsuits, but they can potentially be used in any type of lawsuit involving multiple defendants.
One potential risk for the plaintiff is that if they accept a Pierringer Release and later discover additional defendants or evidence, they may be unable to pursue those claims. It is important for the plaintiff to carefully consider their options before accepting a release.
Once a Pierringer Release is signed and accepted by both parties, it is generally binding and cannot be revoked or modified without the consent of all parties involved.
Yes, it is highly recommended to consult with an experienced attorney before signing a Pierringer Release. An attorney can help you understand the implications, assess the fairness of the settlement, and ensure that your rights are protected throughout the legal process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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