Cross Claim: Definition, Example and Related Terms
What is a Cross Claim ?
Essentially, when a defendant in a lawsuit believes that a co-defendant is partially or fully responsible for the plaintiff's claims, they can file a cross claim. This means that rather than just defending themselves against the plaintiff's allegations, a defendant can actively seek legal redress from a co-defendant. It ensures that all related disputes among the parties can be resolved in one judicial proceeding, saving time and resources.
For instance, imagine a situation where multiple subcontractors are being sued by a property owner for construction defects. One subcontractor might file a cross claim against another, alleging that the latter's work caused the defects. This allows the court to address both the property owner's original claim and the dispute between the subcontractors in one case.
It's important for parties to clearly understand the procedural rules and the strategic implications of filing a cross claim, as it can significantly impact the course of litigation. However, it is not always guaranteed to be straightforward, as the court must also determine the appropriate scope and applicability of related claims within an existing lawsuit.
Example(s)
Scenario Description Multiple construction subcontractors are sued by property owner for building defects. One subcontractor, believing another subcontractor's work caused the defects, files a cross claim against the other subcontractor. This streamlines the litigation to resolve both the property owner's claim and the subcontractor dispute in one proceeding. In a multi-car accident, drivers A and B are sued by driver C for damages. Driver A files a cross claim against Driver B, alleging that Driver B's actions were the primary cause of the accident. This cross claim allows the court to address both the original claim and the interplay betweenthe defendants' liabilities.