Title 11, Chapter 2, Section 722
( 11-2-722)
Who can sue third parties for injury to goods. Where a third party so deals with goods which have been identified
to a contract for sale as to cause actionable injury to a party to
that contract: (a) A right of action against the third party is in either party
to the contract for sale who has title to or a security interest
or a special property or an insurable interest in the goods; and
if the goods have been destroyed or converted a right of action is
also in the party who either bore the risk of loss under the
contract for sale or has since the injury assumed that risk as
against the other; (b) If at the time of the injury the party plaintiff did not bear
the risk of loss as against the other party to the contract for
sale and there is no arrangement between them for disposition of
the recovery, his suit or settlement is, subject to his own
interest, as a fiduciary for the other party to the contract; (c) Either party may with the consent of the other sue for the
benefit of whom it may concern. |