Contribution claim (legal)
Encyclopedia
A contribution claim is a claim
brought by one or more defendant
s to a lawsuit
for money damages brought by a plaintiff
. A contribution claim asserts the party (usually a defendant
) is entitled to "contribution" from a third party for any money damages awarded to the plaintiff.
For example, if a plaintiff sues a homeowner for damages
caused by a garage door, the defendant homeowner could add a third party, the manufacturer of the garage door to contribute to any damages awarded to the plaintiff according to the proportionate share of responsibility, liability
, or fault assigned to the homeowner and the manufacturer by the jury
.
In most cases, contribution claims are brought like the original lawsuit itself. The claim must be personally served on the new, third party defendant, by the third party plaintiff (the defendant bringing the claim for contribution relief
). In contrast, a counter-claim asserts that the party (usually a defendant) is entitled to offset the damages awarded to plaintiff by the proportionate share of any responsibility, liability, or fault assigned to the plaintiff by the jury. Finally, a cross-claim
is the same as a counter-claim or contribution claim, except that it is asserted by a defendant against other defendants. Counter-claims and cross claims do not require personal service because no new parties are being added to the lawsuit.
In some state
court systems, a contribution claim must be opened as a new case, and thus the defendant must pay for a filing fee
, docket number, or index number. In other states, however, no additional fee is required.
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
brought by one or more defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s to a lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
for money damages brought by a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
. A contribution claim asserts the party (usually a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
) is entitled to "contribution" from a third party for any money damages awarded to the plaintiff.
For example, if a plaintiff sues a homeowner for damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
caused by a garage door, the defendant homeowner could add a third party, the manufacturer of the garage door to contribute to any damages awarded to the plaintiff according to the proportionate share of responsibility, liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
, or fault assigned to the homeowner and the manufacturer by the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
.
In most cases, contribution claims are brought like the original lawsuit itself. The claim must be personally served on the new, third party defendant, by the third party plaintiff (the defendant bringing the claim for contribution relief
Relief
Relief is a sculptural technique. The term relief is from the Latin verb levo, to raise. To create a sculpture in relief is thus to give the impression that the sculpted material has been raised above the background plane...
). In contrast, a counter-claim asserts that the party (usually a defendant) is entitled to offset the damages awarded to plaintiff by the proportionate share of any responsibility, liability, or fault assigned to the plaintiff by the jury. Finally, a cross-claim
Cross-claim
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim Black's Law Dictionary.-U.S. Federal courts:...
is the same as a counter-claim or contribution claim, except that it is asserted by a defendant against other defendants. Counter-claims and cross claims do not require personal service because no new parties are being added to the lawsuit.
In some state
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
court systems, a contribution claim must be opened as a new case, and thus the defendant must pay for a filing fee
Court costs
Court costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case...
, docket number, or index number. In other states, however, no additional fee is required.
See also
- Joint and several liabilityJoint and several liabilityWhere two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:* jointly liable, or* severally liable, or* jointly and severally liable.-Joint liability:...
- Tort law