Legal Definitions - empty-chair defense

The empty-chair defense is a trial strategy employed by a defendant in a case involving multiple parties. It involves attempting to shift all or most of the blame for the alleged wrongdoing onto another party who is not physically present in the courtroom during the trial. This absent party, metaphorically an "empty chair," could be:

• A defendant who previously settled the case out of court.
• A defendant who entered a plea agreement before the trial began.
• An individual or entity that was never formally charged or named as a defendant in the lawsuit.

The goal of the defendant using this strategy is to argue that they are not responsible for the harm, and the true fault lies with this absent party.

Examples:

• Product Liability Case: Imagine a consumer sues a major appliance manufacturer and a specific component supplier after a faulty refrigerator causes a fire. Before the trial begins, the component supplier reaches a settlement agreement with the consumer and is no longer a party in the active lawsuit. When the case goes to trial against the appliance manufacturer, the manufacturer's legal team might employ an empty-chair defense. They would argue that the component supplier, though no longer in court, was solely responsible for manufacturing the defective part that caused the fire, thereby attempting to absolve the appliance manufacturer of blame.

• Construction Accident Lawsuit: A construction worker is severely injured on a job site and sues the general contractor for negligence, claiming unsafe working conditions. The general contractor, however, believes that the accident was actually caused by the reckless actions of an employee of a subcontractor, who was not named in the original lawsuit. During the trial, the general contractor's defense team could use an empty-chair defense, presenting evidence and arguments that the unnamed subcontractor's employee was entirely at fault for the worker's injuries, rather than any negligence on the part of the general contractor.

• Medical Malpractice Claim: A patient sues a hospital and a specific surgeon for medical malpractice following a botched operation. Before the trial, the surgeon enters into a confidential settlement agreement with the patient, admitting some responsibility but avoiding a full public trial. The hospital then proceeds to trial as the sole remaining defendant. The hospital's legal team might use an empty-chair defense, arguing that any negligence or error that occurred was solely attributable to the surgeon (who is no longer a party in the courtroom), rather than any systemic issues or failures within the hospital itself.