Legal Definitions - third-party complaint

A third-party complaint is a legal document filed by a defendant in an existing lawsuit. This complaint introduces a new party, known as a third-party defendant, into the legal action. The original defendant, who now acts as a third-party plaintiff, alleges that this new party is responsible, in whole or in part, for the claims made against them by the original plaintiff. The primary purpose of a third-party complaint is often to seek indemnification (reimbursement) or contribution (shared responsibility) from the newly added party.

Here are a few examples to illustrate how a third-party complaint works:

• Product Liability Scenario: Imagine a customer sues a local hardware store, claiming a defective power tool purchased there caused them an injury. The hardware store, as the original defendant, might then file a third-party complaint against the tool's manufacturer. The store would argue that if the tool was indeed defective, the fault lies with the manufacturer who designed and produced it, not with the store that merely sold it. The hardware store is essentially saying, "If I'm liable to the customer, then the manufacturer should be liable to me."

• Construction Dispute Scenario: Consider a homeowner who sues a general contractor for significant water damage caused by a leaky roof installed during a recent renovation. The general contractor, as the original defendant, might then file a third-party complaint against the roofing subcontractor they hired to perform the actual roof installation. The general contractor would allege that the subcontractor's faulty workmanship is the true cause of the leak and the resulting damage, and therefore, the subcontractor should be responsible for any damages the general contractor might owe the homeowner.

• Automobile Accident Scenario: Suppose Driver A sues Driver B for damages resulting from a car accident. Driver B, the original defendant, believes that the accident was partly caused by a mechanical failure in their own car due to recent negligent repair work. Driver B could then file a third-party complaint against the auto repair shop that performed the faulty maintenance. Driver B would claim that if they are found liable to Driver A, the repair shop should be held responsible for contributing to the accident due to their negligence.