Legal Definitions - implead

To implead means to formally bring a new person or entity into an existing lawsuit. This typically occurs when one of the original parties in the case believes that this new party is responsible, in whole or in part, for the claims being made against them, or owes them a contribution or indemnity related to the lawsuit.

Here are some examples to illustrate this concept:

• Car Accident Scenario: Imagine Sarah sues Mark for damages after a car accident. Mark, the defendant, believes that the accident was actually caused by a brake failure resulting from a faulty repair performed by "Reliable Auto Shop" just days before. Mark can then implead Reliable Auto Shop, bringing them into the existing lawsuit as a third-party defendant.

  Explanation: Mark is asserting that if he is found liable to Sarah, then Reliable Auto Shop is responsible for some or all of that liability due to their negligent repair work. This illustrates impleading because a new party (Reliable Auto Shop) is formally added to an ongoing lawsuit by an original defendant (Mark) who believes the new party is ultimately responsible for the plaintiff's claims.

• Construction Defect Scenario: A homeowner, Ms. Chen, sues her general contractor, "BuildRight Inc.," for significant water damage caused by a faulty plumbing installation in her new home. BuildRight Inc. believes that the specific plumbing work was performed by a subcontractor, "PipePerfect Plumbing," and that PipePerfect Plumbing is solely responsible for the defect. BuildRight Inc. can then implead PipePerfect Plumbing.

  Explanation: By impleading PipePerfect Plumbing, BuildRight Inc. is formally adding them to the lawsuit. BuildRight Inc. is essentially arguing that if they are found liable to Ms. Chen, then PipePerfect Plumbing should be held responsible for that liability because of their defective work. This demonstrates how a defendant can bring in another party they believe is ultimately responsible for the plaintiff's claim.

• Business Contract Dispute Scenario: "TechSolutions Corp." sues "Global Distributors" for breach of contract, claiming Global Distributors failed to deliver a crucial software component on time. Global Distributors, in turn, had a contract with "Software Innovations Ltd." to supply that specific component and believes Software Innovations Ltd. is the actual cause of the delay. Global Distributors can then implead Software Innovations Ltd.

  Explanation: Global Distributors is bringing Software Innovations Ltd. into the existing lawsuit. They are essentially saying, "If we owe TechSolutions Corp. damages for breach of contract, it's because Software Innovations Ltd. breached their contract with us, and therefore they should be responsible for those damages." This shows impleading in a commercial context where a defendant seeks to pass on liability to a third party.