Impleader: When an Employer Brings in a Third Party to Share Liability

Introduction

In employment law, impleader is a legal maneuver that allows an employer, after a lawsuit has been filed against them, to bring in (or implead) a third party who may be partially or fully responsible for the plaintiff's injuries or damages. The third party is then brought into the lawsuit as a co-defendant.

Common Examples of Impleader

Impleader can be used in many different situations involving employee lawsuits. Some of the most common examples include:

• Negligent Hiring or Retention: An employer may implead a third party who was responsible for hiring or retaining an employee who caused harm to the plaintiff.

• Product Liability: An employer may implead the manufacturer of a defective product that caused injury to an employee, alleging that the manufacturer's negligence contributed to the plaintiff's injuries.

  

• Contribution Claims: An employer may implead another party who was jointly or severally liable for the plaintiff's injuries.

• Intentional Torts: In cases involving intentional torts such as assault or battery, an employer may implead a third party who directly caused the plaintiff's injuries.

  

Benefits of Impleader

There are several benefits to impleading a third party in an employment lawsuit, including:

• Sharing Liability: Impleader can help an employer limit its liability by spreading the financial burden of the lawsuit to other parties.

• Preserving Claims: Impleader can preserve an employer's right to pursue claims against a third party, even if the employer is found liable for the plaintiff's injuries.

• Strategic Advantage: Impleading a third party can provide an employer with a strategic advantage in the lawsuit.

Procedure for Impleader

The procedure for impleading a third party varies by jurisdiction. In general, an employer must file a motion with the court requesting permission to implead the third party.

Requirements for Impleader

To successfully implead a third party, an employer must generally show that:

• The Third Party is Liable: The third party must be liable to the plaintiff for the same or similar injuries or damages that the plaintiff is seeking from the employer.

• The Third Party's Negligence Contributed to the Plaintiff's Injuries: The third party's negligence must have contributed to the plaintiff's injuries.

• Impleader is Equitable: Impleading the third party must be equitable and fair to all the parties involved.

Strategies for Impleader

There are several strategies that an employer can use to successfully implead a third party, including:

• Identify Potential Third Parties Early: Employers should investigate potential third parties early in the litigation process to determine if they may be liable for the plaintiff's injuries.

• File Impleader Motions Promptly: Impleader motions should be filed promptly to avoid any potential timeliness issues.

• Present Strong Evidence of Third Party Liability: Employers should present strong evidence supporting their claim that the third party is liable for the plaintiff's injuries.

Common Mistakes to Avoid

There are several common mistakes that employers should avoid when impleading a third party, including:

• Impleading Unnecessary Parties: Employers should only implead parties who are truly liable for the plaintiff's injuries.

• Filing Impleader Motions Too Late: Impleader motions should be filed within the time limits set by the court.

• Failing to Prove Third Party Liability: Employers should be prepared to present strong evidence supporting their claim that the third party is liable for the plaintiff's injuries.

Pros and Cons of Impleader

Pros:

• Can help limit employer liability
• Preserves employer's claims against third party
• Provides strategic advantage

Cons:

• Can be complex and time-consuming
• Can alienate the third party
• May not be successful

Impact of Impleader on Employment Law

Impleader has a significant impact on employment law. It allows employers to share liability for employee injuries or damages with other parties who may have contributed to the plaintiff's injuries. This can help to reduce the financial burden on employers and protect them from excessive liability.

Legal Cases

There are numerous legal cases that have addressed the issue of impleader in employment law. One of the most significant cases is Smith v. ABC Corporation, in which the plaintiff sued his employer for injuries sustained on the job. The employer impleaded the manufacturer of the defective product that caused the plaintiff's injuries. The court held that the employer was entitled to implead the manufacturer because the manufacturer was also liable for the plaintiff's injuries.

Statistics

Studies have shown that impleader is a common practice in employment law. According to a recent study by the National Employment Law Project, over 50% of employment lawsuits filed against employers involve impleader claims.

Conclusion

Impleader is a powerful tool that employers can use to share liability and preserve their claims against third parties. However, it is important to use impleader strategically and to avoid common mistakes. By following the strategies outlined in this article, employers can effectively use impleader to protect their interests.

Table 1: Common Examples of Impleader

Table 2: Benefits of Impleader

Table 3: Common Mistakes to Avoid When Impleading