Rucker, J.
In this negligence case we address the application of Indiana’s Comparative Fault Act to the issue of fault allocation in a specific context: that in which a premises owner has a duty to protect a business invitee from the foreseeable criminal act of a third party.
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II.
Allocation of Fault for Intentional Acts and the Comparative Fault Act
The Estate’s two remaining contentions are distilled from a more general argument that the law should not allow apportionment of responsibility to an intentional tortfeasor or criminal actor when the negligent defendant’s “very duty” was to exercise reasonable care to protect the plaintiff from the specific risk of an intentional tort or criminal act. See Br. of Appellant at 8-9; Restatement (Third) of Torts: Apportionment of Liability § 14 cmt. b (2000). The Estate, amicus, and at least one commentator have characterized this concept the “very duty doctrine” or the “very duty rule.” See Br. of Appellant at 8; Br. of Amicus Curiae the Indiana Trial Lawyers Association at 2; Ellen M. Bublick, Upside Down? Terrorists, Proprietors, and Civil Responsibility for Crime Prevention in the Post-9/11 Tort-Reform World, 41 Loy. L.A.L. Rev. 1483, 1487 (2008). And the Estate frames the issue on appeal as whether “the Indiana Comparative Fault Act abrogate[s] the common law ‘very duty’ doctrine.” Br. of Appellant at 1. Our research reveals no reference to the Estate’s assertion as a “doctrine” or a “rule” outside a very narrow band of scholarship, so we will discuss it more generally as an argument against allocating fault to intentional actors where another, negligent actor owed a duty to the victim such as Rahmatullah owed Santelli.
The view highlighted here is that “comparisons ‘between an actor charged with negligence and an actor charged with intentional misconduct’” can be “‘impossible in theory.’” Bublick, Upside Down, supra at 1530 (quoting Geoffrey C. Hazard, Jr., Foreword to Restatement (Third) of Torts: Apportionment of Liability at xi-xiii (Proposed Final Draft (Revised) 1999)). Indeed, there has been much academic discussion on this very topic, with many commentators advocating against comparing these types of “fault” because they are so different from one another. See generally, e.g., Ellen M. Bublick, The End Game of Tort Reform: Comparative Apportionment and Intentional Torts, 78 Notre Dame L. Rev. 355 (2003); William Westerbeke, The Application of Comparative Responsibility to Intentional Tortfeasors and Immune Parties, 10 Kan. J.L. & Pub. Pol’y 189 (2000); J. Tayler Fox, Can Apples Be Compared to Oranges? A Policy-Based Approach for Deciding Whether Intentional Torts Should Be Included in Comparative Fault Analysis, 43 Val. U.L. Rev. 261 (2008). For this reason, some courts and legislatures refuse to permit apportionment of fault among negligent and intentional tortfeasors, reasoning that it is unfair to allow “[n]egligent tortfeasors . . . to reduce their fault by the intentional fault of another that they had a duty to prevent.” Kan. State Bank & Trust Co. v. Specialized Transp. Servs., Inc., 819 P.2d 587, 606 (Kan. 1991). See also, e.g., Merrill Crossings Assocs. v. McDonald, 705 So. 2d 560, 562 (Fla. 1997) (agreeing that language in Florida’s comparative fault statute “gives effect to a public policy that negligent tortfeasors such as in the instant case should not be permitted to reduce their liability by shifting it to another tortfeasor whose intentional criminal conduct was a foreseeable result of their negligence”) (citations omitted); Ali v. Fisher, 145 S.W.3d 557, 564 (Tenn. 2004) (recognizing that a rare departure from the allocation of fault required under the comparative fault system is justified so that “negligent tortfeasors cannot seek to have their fault compared to that of intentional tortfeasors where the intentional conduct is the foreseeable risk created by the negligent tortfeasor”) (internal quotation omitted). And Indiana has recognized that similar reasoning underlies the doctrine of negligence per se. See Rubin v. Johnson, 550 N.E.2d 324, 332-33 (Ind. Ct. App. 1990), trans. denied (rejecting defendant gun merchant’s argument that criminal act of gun buyer was intervening cause of plaintiff’s death eliminating merchant’s liability, noting that criminal use of the gun sold by merchant to murderer was “the very risk sought to be avoided . . . [by the statute restricting gun sales and] . . . cannot stand as a bar to recovery”). [Footnote omitted.] But as even the proponents of this reasoning have recognized, “an emerging minority of states” permit comparison of negligent acts and intentional acts. Fox, supra, at 274-75. Indiana is one of those states. Id. at 275 n.78.
Indiana’s Comparative Fault Act was first enacted in 1985 as Indiana Code sections 34-4-33-1 to -12 and is currently codified at Indiana Code sections 34-51-2-1 through -19. See Control Techniques, Inc. v. Johnson, 762 N.E.2d 104, 107 (Ind. 2002). Today the Act provides in pertinent part:
The jury shall determine the percentage of fault of the claimant, of the defendants, and of any person who is a nonparty. . . . In assessing percentage of fault, the jury shall consider the fault of all persons who caused or contributed to cause the alleged injury, death, or damage to property, tangible or intangible, regardless of whether the person was or could have been named as a party. . . .
Ind. Code § 34-51-2-8(b)(1). The definition of “fault” under this section of the Act was amended in 1995 to include:
[A]ny act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. The term also includes unreasonable assumption of risk not constituting an enforceable express consent, incurred risk, and unreasonable failure to avoid an injury or to mitigate damages.
I.C. § 34-6-2-45(b) (emphasis added). [Footnote omitted.] Thus, the Act now mandates that when determining how to assign percentages of fault, a jury must consider the intentional acts of non-parties like Pryor in addition to the negligent acts of defendants like Rahmatullah. We thus find that the trial court did not err in permitting the jury to allocate fault to Pryor and in refusing the Estate’s tendered instruction that would have permitted the jury to hold Rahmatullah liable for Pryor’s intentional act.
In addition to contending generally that fault should not be allocated to intentional actors, the Estate presents a slightly different alternative argument. Specifically, the Estate and amicus curiae the Indiana Trial Lawyers Association assert that Indiana law permits the joint and several liability of intentional and negligent tortfeasors in the circumstances presented here and that Indiana should therefore adopt the following rule:
A person who is liable to another based on a failure to protect the other from the specific risk of an intentional tort is jointly and severally liable for the share of comparative responsibility assigned to the intentional tortfeasor in addition to the share of comparative responsibility assigned to the person.
Br. of Appellant at 25 (quoting Restatement (Third) of Torts: Apportionment of Liability § 14 (2000)).
In support of its argument the Estate asserts “[t]he Comparative Fault Act neither expressly, nor by implication, requires the elimination of joint and several liability in all circumstances.” Appellant’s Br. in Resp. to Trans. at 11 (citing Control Techniques, 762 N.E.2d at 110-112 (Dickson, J., dissenting)). But this Court has recently declared “the [Comparative Fault] Act abrogates the old rule of joint and several liability in suits to which the Act applies.” Ind. Dept. of Ins. v. Everhart, 960 N.E.2d 129, 138 (Ind. 2012). We determined that the elimination of joint and several liability was a reasonable trade-off for the benefits plaintiffs receive under the Act, namely: the removal of the contributory negligence bar to recovery. See id. Further, under the Comparative Fault Act, “there is no right of contribution among tortfeasors.” I.C. § 34-51-2-12. It would be incongruous to permit Rahmatullah to be held jointly liable for damages caused by Pryor but not to permit Rahmatullah to seek contribution from Pryor. Our view on this issue is consistent with that of other states whose legislatures, like the Indiana Legislature, have included intentional acts in the comparative fault analysis. See, e.g., Pederson v. Barnes, 139 P.3d 552, 559-60 (Alaska 2006) (observing Alaska’s comparative fault act includes intentional torts and requires entry of judgment on the basis of “several” liability only); Rausch v. Pocatello Lumber Co., 14 P.3d 1074, 1081-82 (Idaho Ct. App. 2000) (recognizing Idaho legislature’s express limitations on joint and several liability in a comparative fault statute that requires comparison of all “responsibility”, including intentional torts); Hansen v. Scott, 645 N.W.2d 223, 229 (N.D. 2002) (observing that under North Dakota’s comparative fault act “a negligent tortfeasor’s conduct is compared with an intentional tortfeasor’s conduct, and absent ‘in concert’ action, liability is several, not joint”). The Indiana legislature has the authority to expressly permit joint and several liability in circumstances such as these, but as of yet it has not done so. Cf. Everhart, 960 N.E.2d at 138 (recognizing “the historical rule of joint and several liability would appear to still apply to medical malpractice suits,” “[b]ecause the Act expressly exempted medical malpractice claims from its ambit”).
This is not to say that in Indiana it would be improper for a jury to allocate a greater percentage of fault to a negligent landowner than to an intentional tortfeasor. Indeed, we have previously upheld such an allocation in circumstances similar to those in the case before us, recognizing that the jury could have determined that “the opportunity for the [crime] would not even have existed had the [landowner] not failed to restrict [the intentional actor] from entering [the premises] or had it taken appropriate action to prevent or stop the attack . . . .” Paragon Family Rest. v. Bartolini, 799 N.E.2d 1048, 1056 (Ind. 2003). In allocating fault among multiple actors, a jury may consider “‘the relative degree of causation attributable among the responsible actors.’ Our statutory scheme thus allows a diverse array of factors to be considered in the allocation of comparative fault.” Green v. Ford Motor Co., 942 N.E.2d 791, 794-95 (Ind. 2011) (quoting Paragon, 799 N.E.2d at 1056). The outcome of this consideration may at times be a conclusion that “the causative role” of the landowner exceeded “the relative degree of intentionality” of the intentional tortfeasor. Paragon, 799 N.E.2d at 1056.
Conclusion
We affirm the judgment of the trial court.
Dickson, C.J., David, Massa and Rush, JJ., concur.