Divisible Damages Law and Legal Definition

Divisible Damages are damages which are capable of some reasonable apportionment. Whether damages can be divided by causation is a question of fact. However, there should be a reasonable basis for dividing the damages.

Divisible damages can occur in a variety of circumstances. They can occur when:

1) one person caused all of the damages and another person caused only part of the damages.

2) the parties caused one part of the damages and nontortious conduct caused another part.

3) the nontortious conduct occurred before or after the parties' tortious conduct.

4) in cases involving serial injuries, regardless of the length of time between the injuries.

5) the plaintiff's own conduct caused part of the damages.

Dividing damages by causation among different tortious acts by the same person may be required. When a person commits two or more tortious acts that cause different parts of the damages, each tortious act is treated separately. [Grant Thornton, LLP v. FDIC, 2010 U.S. Dist. LEXIS 22339 (S.D. W. Va. Mar. 10, 2010)]