What Is Impleader?

Impleader is a procedural device used in civil litigation that allows a defendant to bring a third party into a lawsuit, claiming that the third party is liable for all or part of the plaintiff's claim against the defendant.

This process is designed to facilitate the resolution of all related disputes within a single legal action, potentially reducing the need for multiple lawsuits.

Impleader Explained

The primary purpose of impleader is to enable a defendant to assert a right of indemnity or contribution against a third party whom the defendant believes is actually responsible for the damages being claimed by the plaintiff.

For example, in a personal injury lawsuit, if the defendant believes that another party's negligence actually caused the plaintiff's injury, the defendant can use impleader to bring that party into the lawsuit as a third-party defendant. This ensures that the party ultimately found responsible for the plaintiff's damages is held liable.

The Term Impleader in Different Legal Contexts

Impleader is most commonly utilized in civil litigation, particularly in personal injury, property damage, and contract disputes.

It is governed by specific rules of procedure, which vary by jurisdiction but generally require the defendant to obtain the court's permission to bring in a third-party defendant.

Once impleaded, the third-party defendant becomes a part of the original lawsuit and is subject to the court's jurisdiction just as if they had been an original party to the case.

Common Misconceptions About the Meaning of Impleader

One common misconception about impleader is that it allows a defendant to shift the blame entirely to the third-party defendant, absolving themselves of liability. While impleader can shift liability, the original defendant may still be held partially or entirely responsible, depending on the case's specifics and the applicable law.

Another misunderstanding is that impleader complicates lawsuits to the point of unmanageability. However, when properly managed, impleader can streamline litigation by resolving all related disputes in a single action, making the legal process more efficient.

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What Is Impleader?

Impleader Explained

The Term Impleader in Different Legal Contexts

Common Misconceptions About the Meaning of Impleader

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