336.2-722 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, the plaintiff's suit or settlement is, subject to the plaintiff's 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.
History: 1965 c 811 s 336.2-722; 1986 c 444