{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-832","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-832","heading":"Joint tort-feasors - Contribution - Indemnity - Exemptions","body":"- Release, covenant not to sue, etc.\n\nA. When two or more persons become jointly or severally liable\n\nin tort for the same injury to person or property or for the same\n\nwrongful death, there is a right of contribution among them even\n\nthough judgment has not been recovered against all or any of them\n\nexcept as provided in this section.\n\nB. The right of contribution exists only in favor of a tort-\n\nfeasor who has paid more than their pro rata share of the common\n\nliability, and the total recovery is limited to the amount paid by\n\nthe tort-feasor in excess of their pro rata share. No tort-feasor\n\nis compelled to make contribution beyond their pro rata share of the\n\nentire liability.\n\nC. There is no right of contribution in favor of any tort-\n\nfeasor who has intentionally caused or contributed to the injury or\n\nwrongful death.\n\nD. A tort-feasor who enters into a settlement with a claimant\n\nis not entitled to recover contribution from another tort-feasor\n\nwhose liability for the injury or wrongful death is not extinguished\n\nby the settlement nor in respect to any amount paid in a settlement\n\nwhich is in excess of what was reasonable.\n\nE. A liability insurer which by payment has discharged, in full\n\nor in part, the liability of a tort-feasor and has thereby\n\ndischarged in full its obligation as insurer, is subrogated to the\n\ntort-feasor's right of contribution to the extent of the amount it\n\nhas paid in excess of the tort-feasor's pro rata share of the common\n\nliability. This provision does not limit or impair any right of\n\nsubrogation arising from any other relationship.\n\nF. This act does not impair any right of indemnity under\n\nexisting law. When one tort-feasor is entitled to indemnity from\n\nanother, the right of the indemnity obligee is for indemnity and not\n\ncontribution, and the indemnity obligor is not entitled to\n\ncontribution from the obligee for any portion of the indemnity\n\nobligation.\n\nG. This act shall not apply to breaches of trust or of other\n\nfiduciary obligation.\n\nH. When a release, covenant not to sue, or a similar agreement\n\nis given in good faith to one of two or more persons liable in tort\n\nfor the same injury or the same wrongful death:\n\n1. It does not discharge any other tort-feasor from liability\n\nfor the injury or wrongful death unless the other tort-feasor is\n\nspecifically named; but it reduces the claim against others to the\n\nextent of any amount stipulated by the release or the covenant, or\n\nin the amount of the consideration paid for it, whichever is\n\ngreater; and\n\n2. It discharges the tort-feasor to whom it is given from all\n\nliability for contribution to any other tort-feasor.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d8c2e58dd0ee1353446f50a52b0768500496678c0368cf0aad88b81979d79a68","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-831","next":"us-ok/okla.-stat.-tit.-12-12-832.1"},"notice":"GroundRules: Original legal text. Not legal advice."}