Understanding the Empty Chair Defense

Defendants in personal injury cases go to great lengths and use a variety of defenses to deny liability and avoid compensating injury victims. One of these defenses is the empty chair defense, in which a defendant shifts blame to another party who is not present in court. Below is an overview of the empty chair defense so that you know how to combat it.

How the Defense Might Arise

A defendant can only raise the empty chair defense if the person they blame for the accident is not in the courtroom. Below are some circumstances that can trigger the blame.

Wrong Defendant

Liability determination is a crucial step in an injury claim. Unfortunately, determining the liable party is not easy in some cases. For example, determining the liable party might be difficult in a multi-car crash. Liability determination can also be difficult in a defective product case.

Consider a case in which you sue a mall owner for the injury you sustained on their premises. The mall owner might use the empty chair defense to shift blame to the tenant occupying their premises.

Missing Defendant

The empty chair defense is also possible in cases with multiple defendants if one is missing, such as if they have gone into hiding or you cannot locate them. Say a marketer and retailer are responsible for your defective product injury, but you sue the retailer alone because the marketer has disappeared. The retailer can use the empty chair defense to attempt to escape liability.

A Settlement with One Defendant

You may have to negotiate with each party independently if multiple parties are responsible for your injuries. In such a case, the empty chair defense might arise if you settle your case with one of the parties and have to take another to court. The party at court might claim that the one who settled is fully liable for your damages.

Lack of Jurisdiction

Jurisdiction issues can also complicate your injury case. Consider a case in which you sue multiple parties in your local court, but the court doesn't have jurisdiction over one of the defendants. In such a case, the defendant not subject to the court's jurisdiction doesn't have to appear in court. The remaining defendants might try to shift blame to the absent one.

Defendant Immunity

Some parties have immunity from personal injury lawsuits. An immune party doesn't have to show up for trial if you sue them alongside other liable parties. For example, the government is immune from some injury cases. Thus, if you name the government alongside other defendants and the government doesn't show up, the remaining party might blame the government.

Procedural Dismissal

Lastly, the empty chair defense can also arise if you sue multiple defendants and one gets their case dismissed for procedural issues. For example, a court might issue a summary judgment for one party and let the case proceed against their co-defendant. Again, the remaining defendant might blame the unavailable party for your damages.

Fighting the Defense

The empty chair defense is dangerous because an unavailable party cannot compensate you even if they are liable for your damages. In addition, the unavailable party cannot defend themselves, so the allegations against them might make sense to the court.

Avoid the defense by naming all the possible liable parties to your case. Name everyone, even if unsure of their liability, and let the court decide. For example, in a multi-car crash, file your claim against all the other drivers. That way, none of them can shift blame to an empty chair.

The strength of available evidence largely determines the success of an injury claim. Gather as much evidence as possible, especially if your case proceeds to trial. Strong evidence may convince the court that the available party caused your damages.

You also need to do everything possible to locate the defendants. For example, you can use the authorities or a private investigator to locate a missing defendant.

Smith Morgan LLP can help you overcome the empty chair defense. We have practiced injury law for over four decades and understand all the defendants' tactics to avoid liability. Contact us to discuss your case and determine how to win your compensation.