Legal Definitions - cross-defendant

A cross-defendant is a party in an existing lawsuit against whom a new claim, called a "cross-claim," is made by another party who is already involved in that same lawsuit. Essentially, they are being sued by someone who is also a plaintiff or a defendant in the original case.

This situation often arises when:

• One defendant believes another defendant is responsible for the issues in the lawsuit.
• A defendant believes the original plaintiff is actually at fault or owes them something related to the same dispute.

Here are some examples to illustrate this concept:

• Example 1: Co-defendants in a Car Accident
  Imagine a car accident where a pedestrian, Sarah, sues both Driver A and Driver B, claiming their combined negligence caused her injuries. Driver A believes that Driver B was entirely at fault and wants to ensure that if Sarah wins, Driver B is held responsible for any damages. Driver A can file a "cross-claim" against Driver B within the same lawsuit. In this scenario, Driver B becomes the cross-defendant because Driver A (an original defendant) has asserted a claim directly against them.

• Example 2: Contractor and Homeowner Dispute
  A contractor, "BuildRight Inc.," sues a homeowner, Mr. Henderson, for unpaid invoices for a renovation project. Mr. Henderson, however, believes that BuildRight Inc. performed substandard work, caused significant damage to his property, and breached their contract. Instead of filing a separate lawsuit, Mr. Henderson can file a "cross-claim" against BuildRight Inc. within the existing lawsuit, seeking compensation for the damages and poor workmanship. Here, BuildRight Inc. becomes the cross-defendant because Mr. Henderson (the original defendant) has made a claim against them (the original plaintiff).

• Example 3: Business Partnership Dispute
  Two business partners, Lisa and Mark, are involved in a lawsuit where a third party, "Supplier Co.," is suing both of them for unpaid goods. Lisa believes that Mark was solely responsible for managing the finances and deliberately withheld payment from Supplier Co., causing the current legal trouble. Lisa can file a "cross-claim" against Mark within the same lawsuit, seeking to hold him accountable for any liability she might incur to Supplier Co., or for damages related to his alleged mismanagement. In this situation, Mark becomes the cross-defendant because Lisa (a co-defendant) has filed a claim against him.