75-10-724. Liability apportionment and contribution. (1) Any person held jointly and severally liable under 75-10-715 has the right at trial to have the trier of fact apportion liability among the parties as provided in this section. The burden is on each liable person to show how his liability should be apportioned. In apportioning the liability of any person under this section, the trier of fact shall consider the following:
     (a) the extent to which the person's contribution to the release of a hazardous or deleterious substance can be distinguished;
     (b) the amount of hazardous or deleterious substance involved;
     (c) the degree of toxicity of the hazardous or deleterious substance involved;
     (d) the degree of involvement of and care exercised by the person in manufacturing, treating, transporting, or disposing of the hazardous or deleterious substance;
     (e) the degree of cooperation by the person with federal, state, or local officials to prevent any harm to the public health, safety, or welfare or the environment; and
     (f) knowledge by the person of the hazardous nature of the substance.
     (2) If a person is held jointly and severally liable under 75-10-715 and establishes a proportionate share of the aggregate liability, the person has the right of contribution from any other liable person. If for any reason all or part of the contribution from a person liable for contribution cannot be obtained, each of the other persons against whom recovery is allowed is liable to contribute a proportional part of the unpaid portion of the noncontributing person's share and may obtain judgment in a pending or subsequent action for contribution from the noncontributing person.

     History: En. Sec. 17, Ch. 709, L. 1989.