Legal Definitions - vouch over

Vouch over describes a legal procedure where a defendant in a lawsuit formally brings another party into the legal action. The original defendant does this because they believe the new party is ultimately responsible for the claim being made, or should be the one to defend against it, either entirely or partially. It's a way for a defendant to shift the burden of defense or liability to another party who they believe is truly at fault.

• Example 1: Product Liability

  A customer purchases a new washing machine from an appliance store. A few weeks later, a manufacturing defect causes the machine to flood the customer's laundry room, damaging the floor and walls. The customer sues the appliance store for the cost of repairs.

  In this scenario, the appliance store, as the defendant, might "vouch over" the washing machine manufacturer. The store would argue that while they sold the product, the defect originated with the manufacturer, and therefore, the manufacturer should be the one to defend against the customer's claim and bear the cost of damages.

• Example 2: Real Estate Warranty

  Maria buys a commercial property from David, and their sales contract includes a warranty that the building's HVAC system is in excellent working condition. Six months after the sale, the HVAC system completely fails due to a pre-existing, undisclosed major defect. Maria sues David for the significant cost of replacing the system.

  David, in turn, might "vouch over" the HVAC inspection company he hired before the sale, which certified the system as excellent. David would assert that if the system was indeed defective, the inspection company is responsible for that oversight and should be the party to defend against Maria's claim or compensate her.

• Example 3: Construction Subcontractor

  A general contractor is hired to build a new retail complex. They subcontract the plumbing work to a specialized plumbing company. Due to faulty pipe installation by the subcontractor, a major water leak occurs before the complex opens, causing extensive damage to several units. The property owner sues the general contractor for the repair costs and delays.

  The general contractor would likely "vouch over" the plumbing subcontractor. The contractor would assert that the subcontractor's negligence directly caused the leak and the resulting damages, and therefore, the subcontractor should be brought into the lawsuit to defend against the owner's claims and bear the liability.