Everything You Need to Know About Third-Party Complaints in a Personal Injury Case

In most cases, a typical personal injury case in Washington, D.C., involves two parties: the plaintiff and the defendant. Where the plaintiff is the injured individual and claimant, the defendant is liable for wrongdoing.

However, the defendant may sometimes name another person or entity as part of the blame. This other person is the third party in the personal injury case. Let’s learn a bit more about third-party complaints in a personal injury case in Washington, D.C.

What Third-Party Complaints in a Personal Injury Case Mean with Examples

In a personal injury case, the main defendant can take a legal action known as a third-party complaint. “The goal is to bring another party into the lawsuit because the former believes they hold some responsibility for the plaintiff’s injuries,” says Attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP. Therefore, a third-party complaint ensures the third party shares in the plaintiff’s potential award and may even cover everything.

For example, picture Todd, a construction worker hurt by a faulty drill. Todd then filed a workplace personal injury claim against his employer, Zuma Construction, alleging that it failed to provide a safe working environment. Zuma Construction receives the complaint, conducts an investigation, and discovers that the malfunction resulted from a potential design flaw.

When Zuma Construction purchased the drill, they believed it met industry safety standards because it was from a reputable manufacturer. Therefore, Zuma Construction refuses to accept full liability for the accident and instead files a third-party complaint against the manufacturer.

How Will Zuma Construction Prove Their Third-Party Claim?

Zuma Construction argues that the court should hold the manufacturing company liable for Todd’s injuries as well. After all, they argue that the equipment failed because it had inherent flaws and safety concerns contrary to what they marketed. Therefore, to strengthen their third-party claim, Zuma Construction must provide the following evidence:

• Evidence that the drill malfunctioned could include video footage of the accident, expert testimony, or witnesses from other workers.
• Records of the drill purchase from the manufacturing company and proof that they advertised that it met all safety standards.

The Manufacturing Company’s Defense

The manufacturing company will defend its product in response to the third-party suit and defend its innocence. This step might include arguing that the drill malfunctioned because Zuma Construction misused it, failed to maintain it, or for other reasons.

This example shows the third party’s role in the lawsuit and how they can defend their product. Now, with the discovery of other potential liabilities, the plaintiff has two entities from which to seek damages. A third-party lawsuit makes the case much broader and more complex, especially since it involves multiple parties and overlapping claims.

What If the Third-Party Defendant Does Not Respond?

Note that the third party does not become part of the lawsuit until the primary defendant names them. Once the original defendant names them, however, the law requires them to respond by filing an answer addressing the claims. But what happens if the third-party defendant refuses to respond to the original defendant’s summons?

As with any lawsuit, failing to respond to a court summons can have legal repercussions, such as a default judgment. Other legal consequences that come with failing to respond to a third-party suit include:

• Losing the right to present evidence to defend or contest the allegations.
• Imposition of fines by the court
• Default judgment, where the court assumes guilt by the third party and rules in favor of the original defendant (and the plaintiff).

Conclusion

Whether you are a plaintiff, defendant, or third party in a personal injury case, consulting a lawyer is important. Having legal representation in the case is vital to protecting your rights and interests, regardless of the outcome.