states hold that only defendants above a specific percentage will share. The unpaid share will be reapportioned among the defendants AND plaintiff according to each party's percentage share. Third, is the issue of when one defendant is not present, the same options as above are present. However, there is the initial question of whether to allow the fault of an absent defendant to be considered. States, again, are split on these issues. Lastly, there is the issue of negligence and intentional torts in a single lawsuit. Courts, in the majority, do not apply comparative responsibility to intentional torts. However, some courts apply comparative responsibility to intentional torts. The law and academia on this issue is very complex, but typically support holding intentional tortfeasors in a suit subject to joint and several liability. Further, any negligent tortfeasor who negligently failed to protect the plaintiff from the intentional tortfeasor will be jointly and severally liable for the portion of the intentional tortfeasor's fault. This view is supported by the Restatement (Third) of Torts: Apportionment of Liability Section 1. Even more complicated is the issue of whether comparative fault should be allowed in strict liability actions. Most jurisdictions, starting with California (which also pioneered strict liability for defective products), have held that the jury should be allowed to apportion fault between plaintiffs and defendants even in strict products liability actions. The Restatement (Third) of Torts (section 25) reflects the current majority view that comparative negligence applies to the strict liability of defendant. See also In pari delicto References Tort law Comparative law