Legal Definitions - third-party defendant

A third-party defendant is an individual or entity that an original defendant brings into an existing lawsuit. This typically occurs when the original defendant believes that this new party is responsible, in whole or in part, for the claims being made against them by the original plaintiff. The original defendant, in this situation, essentially becomes a "third-party plaintiff" in relation to the newly added party, seeking to transfer or share the liability.

• Example 1: Construction Dispute

  Imagine a homeowner, Sarah, sues a general contractor, "BuildRight Inc.," because a newly built deck collapsed. BuildRight Inc. believes the collapse was actually due to faulty materials supplied by "LumberYard Co." In this situation, BuildRight Inc. can file a claim against LumberYard Co., bringing them into the lawsuit. LumberYard Co. would then become the third-party defendant, as they were not initially sued by Sarah but were brought into the case by BuildRight Inc., who claims LumberYard Co. is responsible for the deck's failure.

• Example 2: Product Liability in a Supply Chain

  A restaurant, "Gourmet Bites," is sued by a customer who became ill after eating a dish containing a specific ingredient. Gourmet Bites believes the ingredient itself was contaminated and that the supplier, "FreshFoods Distributors," is truly at fault. Gourmet Bites can then add FreshFoods Distributors to the lawsuit, claiming that any liability for the customer's illness should fall on the supplier. FreshFoods Distributors would be the third-party defendant, brought into the case by Gourmet Bites to share or shift liability for the customer's illness.

• Example 3: Professional Services and Subcontracting

  A small business owner, Mr. Chen, sues his accountant, Ms. Davis, for errors in his tax filings that resulted in significant penalties. Ms. Davis, however, had outsourced a specific complex calculation to a specialized tax consulting firm, "TaxPro Solutions," and believes their error led to the problem. Ms. Davis can then bring TaxPro Solutions into the lawsuit, arguing that they are the ones responsible for the incorrect calculation. TaxPro Solutions would be the third-party defendant, as they are being brought into the existing case by Ms. Davis, who alleges they are responsible for the tax filing errors.