What must be established for a defendant to seek indemnity in a fault-based liability situation?

To seek indemnity in a fault-based liability situation, it is essential that the other party involved in the incident is determined to be at greater fault than the defendant himself. Indemnity allows a party to recover the full amount of damages or liabilities they paid from another party who bears a higher degree of fault. This principle ensures that a defendant who is only partially responsible can shift the burden of complete liability to a party who is more culpable, thus leading to a fair apportionment of responsibility.

In this context, establishing that the other party is more at fault is crucial for the defendant's claim for indemnity. This not only supports the defendant’s position in seeking recovery but also aligns with the equitable principles of fault that guide the allocation of damages in tort law. The greater fault of the other party establishes a legal basis for shifting the liability and protecting the defendant from bearing the full financial burden of the damages awarded.

Contextually, while the other options may touch on relevant aspects of liability, they do not fulfill the requirement necessary to establish a claim for indemnity as precisely as the necessity for the other party to carry a higher fault ratio.