§ 25-2-722. Who can sue third parties for injury to goods.
§25‑2‑722. Who can sue third parties for injury to goods.
Where a third party so dealswith goods which have been identified to a contract for sale as to causeactionable injury to a party to that contract
(a) a right of actionagainst the third party is in either party to the contract for sale who hastitle to or a security interest or a special property or an insurable interestin the goods; and if the goods have been destroyed or converted a right ofaction is also in the party who either bore the risk of loss under the contractfor sale or has since the injury assumed that risk as against the other;
(b) if at the time ofthe injury the party plaintiff did not bear the risk of loss as against theother party to the contract for sale and there is no arrangement between themfor disposition of the recovery, his suit or settlement is, subject to his owninterest, as a fiduciary for the other party to the contract;
(c) either party maywith the consent of the other sue for the benefit of whom it may concern. (1965,c. 700, s. 1.)