Legal Definitions - intermediary

In legal contexts, the term intermediary refers to a person or entity that acts as a go-between or a link between two or more parties, facilitating communication, negotiation, or a transaction.

Here are some examples:

• Imagine a business broker who helps a small business owner sell their company to a larger corporation. The broker acts as an intermediary by connecting the seller and the buyer, negotiating terms, and managing the flow of information between them to facilitate the sale.

• Consider a dispute resolution service that provides a neutral third party to help two neighbors resolve a property line disagreement without going to court. The mediator from the service acts as an intermediary, guiding their discussion and helping them find a mutually agreeable solution.

• When an individual uses an online travel agency to book a flight and hotel, the agency serves as an intermediary. It connects the traveler with various airlines and hotels, processes the booking, and handles payments, simplifying the travel planning process for the consumer.

A specific type of intermediary, particularly relevant in product liability law, is an informed intermediary (sometimes called a learned intermediary). This refers to a person or entity in the chain of distribution of a product who possesses specialized knowledge about the product's risks and is expected to convey appropriate warnings or use that knowledge responsibly when dealing with the ultimate consumer.

Here are some examples of an informed intermediary:

• A pharmacist dispensing prescription medication acts as an informed intermediary. The drug manufacturer provides detailed warnings and instructions to the pharmacist, who then has the responsibility to inform the patient about potential side effects, proper dosage, and interactions, ensuring the patient uses the medication safely.

• When a manufacturer produces a complex medical device, such as a pacemaker, the surgeon who implants it into a patient is considered an informed intermediary. The manufacturer provides the surgeon with comprehensive information about the device's risks, benefits, and proper use. The surgeon, with their medical expertise, is then responsible for assessing the patient's suitability for the device and communicating relevant risks and post-operative care instructions to the patient.

• An automotive technician installing a specialized aftermarket part, like a high-performance braking system, can be an informed intermediary. The part manufacturer provides the technician with specific installation guidelines and warnings about the part's capabilities and limitations. The technician, having this specialized knowledge, is expected to install the part correctly and advise the vehicle owner on its proper use and maintenance, especially if it alters the vehicle's original performance characteristics.