Legal Definitions - cross-complaint

A cross-complaint is a separate legal claim filed within an existing lawsuit by one party against another. This claim can be made against:

• Another party who is already part of the lawsuit (such as a co-defendant or the original plaintiff).
• A new party who was not initially involved in the lawsuit.

The crucial condition is that this new claim must be related to the same event, transaction, or set of circumstances that gave rise to the original lawsuit. Its purpose is to allow all related disputes stemming from a single situation to be resolved together in one legal proceeding, promoting efficiency.

Here are some examples to illustrate how a cross-complaint works:

• Example 1: Claim Against a Co-Party

  Imagine a homeowner sues both a general contractor and a roofing subcontractor for significant leaks and water damage that occurred shortly after a new roof was installed. The homeowner claims both parties are responsible for the faulty installation. In response, the general contractor might file a cross-complaint against the roofing subcontractor, arguing that the subcontractor was solely responsible for the actual installation work and any defects, and therefore should be held liable for any damages the general contractor might have to pay to the homeowner.

  How it illustrates the term: Here, the general contractor (an existing defendant) is filing a claim against the roofing subcontractor (another existing defendant, or "co-party") within the same lawsuit. The claim directly relates to the original issue of the faulty roof installation.

• Example 2: Claim Against the Original Plaintiff

  Consider a situation where a tenant sues their landlord, alleging that the landlord failed to make necessary repairs, leading to unsafe living conditions. The landlord, while defending against the tenant's claims, might file a cross-complaint against the tenant, asserting that the tenant caused significant damage to the property beyond normal wear and tear, or failed to pay rent for several months, all arising from the same tenancy agreement.

  How it illustrates the term: In this scenario, the landlord (the defendant) is bringing a claim against the tenant (the original plaintiff). This cross-complaint is directly connected to the same landlord-tenant relationship and property issues that initiated the lawsuit.

• Example 3: Claim Against a New Party

  Suppose a restaurant customer sues the restaurant after getting food poisoning from a meal. The restaurant, believing the ingredients supplied were contaminated, might file a cross-complaint against its food supplier. This action would bring the food supplier into the existing lawsuit, alleging that the supplier is ultimately responsible for the customer's illness due to providing unsafe products.

  How it illustrates the term: The restaurant (an existing defendant) is filing a claim against the food supplier, who was not initially a party to the lawsuit. This new claim is directly linked to the original incident of food poisoning and seeks to assign responsibility to another entity involved in the same chain of events.