Legal Definitions - cross-claim

A cross-claim is a legal demand made by one party in a lawsuit against another party who is on the same side of that lawsuit. This means a plaintiff might file a cross-claim against a co-plaintiff, or more commonly, a defendant might file one against a co-defendant.

For a cross-claim to be allowed, it must be closely related to the original dispute that brought the parties into court. Essentially, the cross-claim must arise from the same event, transaction, or series of occurrences as the initial claim or any existing counterclaims.

Here are a few examples to illustrate this concept:

• Scenario: Car Accident Liability

  Imagine a situation where a pedestrian is injured in a multi-car collision and decides to sue both Driver A and Driver B, alleging that both drivers were negligent and contributed to the accident. Driver A, as a defendant, might then file a cross-claim against Driver B (the co-defendant). In this cross-claim, Driver A would argue that Driver B was actually solely or primarily responsible for the accident and any injuries to the pedestrian. If the pedestrian wins their case, Driver A's cross-claim seeks to shift the financial responsibility for those damages, or a portion of them, onto Driver B.

  This illustrates a cross-claim because Driver A is making a claim against Driver B, who is another defendant in the same lawsuit, and the claim directly relates to the original car accident.

• Scenario: Construction Defect Dispute

  Consider a homeowner who sues a general contractor and a specific plumbing subcontractor for extensive water damage caused by a faulty pipe installation. The homeowner claims both the general contractor (for overall supervision) and the plumbing subcontractor (for the actual work) are responsible. The general contractor, facing the homeowner's lawsuit, could file a cross-claim against the plumbing subcontractor. In this cross-claim, the general contractor would assert that if they are found liable to the homeowner for the water damage, it is due to the plumbing subcontractor's negligent work, and therefore the subcontractor should be responsible for covering any damages awarded to the homeowner.

  This is a cross-claim because the general contractor is suing the plumbing subcontractor, who is a co-defendant in the same case, and the claim stems directly from the same construction project and alleged defect.