Firework Seller Liability & Indemnity from Chinese Manufacturer
Personal Injury lawyer Austin Texas
Tags: Personal Injury
A suit for indemnity "does not arise until some liability is established" and made "fixed and certain." This does not occur until judgment is rendered or until the lawsuit is settled. Although a party may bring an indemnity claim before the judgment establishing liability in the interest of judicial economy, the claim is permissive, not compulsory, because the claim does not mature until damages become fixed and certain.
In re: State Line Fireworks, Inc. (Tex. App. - Texarkana, 2012).