Legal Definitions - informed intermediary

An informed intermediary is a knowledgeable third party who receives a product, information, or service from one party and then passes it on to another. Because of their specialized expertise, training, or professional role, this intermediary is expected to understand the potential risks, proper use, or specific characteristics of what they are handling. In legal contexts, the presence of an informed intermediary can sometimes affect who is held responsible if something goes wrong, as the original provider might have fulfilled their duty by adequately informing the intermediary, trusting them to manage the subsequent risks or convey necessary warnings to the ultimate user.

• Example 1: Medical Prescriptions

  A pharmaceutical company manufactures a complex prescription medication. Instead of directly warning every individual patient about all potential side effects and contraindications, the company provides comprehensive, detailed information about the drug's uses, risks, and proper administration to doctors and pharmacists. These medical professionals act as informed intermediaries. They are expected to understand this detailed information, use their professional judgment to determine if the drug is appropriate for a patient, and then counsel the patient on its proper use and potential risks.

  This illustrates the term because the doctors and pharmacists possess specialized medical knowledge and training, making them "informed." The drug manufacturer fulfills its duty to warn by providing information to these professionals, who are then responsible for relaying relevant details and managing the medication's use with their patients.

• Example 2: Industrial Equipment

  A manufacturer produces highly specialized industrial machinery designed for use in factories. The manufacturer sells this machinery to a certified industrial installation company, which then installs and maintains it for various client factories. The installation company's technicians are extensively trained on the machinery's operation, safety protocols, and maintenance requirements, and they receive all technical manuals and safety warnings from the manufacturer.

  Here, the certified industrial installation company serves as an informed intermediary. They have the specific expertise and training to understand the complex machinery, its potential hazards, and how to operate it safely. The manufacturer relies on this intermediary's knowledge to ensure the machinery is correctly installed and used, rather than having to directly train every single end-user employee in every client factory.

• Example 3: Professional-Grade Chemicals

  A chemical company produces a concentrated cleaning solution intended for professional use only. The company sells this solution to commercial cleaning services, providing them with detailed safety data sheets, proper handling instructions, and personal protective equipment requirements. The commercial cleaning services then use this solution in their clients' offices and facilities, training their own staff on its safe application.

  The commercial cleaning services are the informed intermediaries. They are professionals in their field, expected to understand the risks associated with concentrated chemicals and trained in their safe handling and application. The chemical manufacturer provides comprehensive safety information to these services, trusting them to follow protocols and protect their employees and clients, rather than needing to directly instruct every individual who might encounter the cleaned surfaces.