400.2-722. Who can sue third parties for injury to goods. - Missouri Statutes

Who can sue third parties for injury to goods.

400.2-722. Where a third party so deals with goods whichhave been identified to a contract for sale as to causeactionable injury to a party to that contract

(a) a right of action against the third party is in eitherparty to the contract for sale who has title to or a securityinterest or a special property or an insurable interest in thegoods; and if the goods have been destroyed or converted a rightof action is also in the party who either bore the risk of lossunder the contract for sale or has since the injury assumed thatrisk as against the other;

(b) if at the time of the injury the party plaintiff did notbear the risk of loss as against the other party to the contractfor sale and there is no arrangement between them for dispositionof the recovery, his suit or settlement is, subject to his owninterest, as a fiduciary for the other party to the contract;

(c) either party may with the consent of the other sue forthe benefit of whom it may concern.

(L. 1963 p. 503 § 2-722)