When you make a claim for personal injury compensation that is as a result of the presence of a hazardous or faulty automobile, you cite a Product Liability claim against the car’s manufacturer and/or the maker of the constituent part or system. Below are reasons one can cite a product liability claim.
Claiming Product Liability For Defective Cars
If you have been wounded or undergone other kinds of damages resulting from a defective car, SUV, truck, motorcycle or other automobiles (or car part), you can have a product liability claim.
Some precedents of car defects that have been the theme of lawsuits recently include:
- Motor vehicles sold with tires that tend to burst
- SUVs that tend to roll over
- Motorbikes that tremble when driven with excess speed
- All-terrain vehicles (ATVs) that have a habit of rolling over. Read more about the hazards here.
What Are Car Defects?
Defective cars refer to any slip ups in an automobile that are as a result of the manufacturers actions. The law defines a motor vehicle in nearly all states as “any self-propelled vehicle that is designed for operation on land but does not use rails”. Therefore, for the objective of defect claims, the expression “motor vehicle” may take in trucks, buses vans, and motorcycles. For reasons of a lawsuit or a defective car recall, a car defect usually pertains only to those faults that generate safety dangers or may bring about an injury to the passengers or operator. Hence, visual defects, for example, a substandard paint job does not qualify for a defective car claim.
Some frequently claimed car faults include:
- Gas and brake pedal defects (pedals getting jammed or stuck)
- Safety gear defects (airbag and safety belt failure)
- Exhaust, fuel, and cooling system defects
- Misaligned steering systems
- Structural faults in the vehicles body, frame or engine assembly
- Electrical and computer hitches
How Do You Recover Losses From A Car Defect?
In contrast to personal injury claims resulting from a car accident, you do not have to prove that the car maker was careless or negligent. Instead, defective car cases are based on the lawful principles of products liability.
To ascertain that a manufacturer was accountable for your loss or injury, you have to prove that:
- The car had an “unjustly dangerous imperfection” that resulted in your injury.
- The car was being correctly used, in the way that it should be used.
- The car had not been significantly changed from the state that you acquired it.
The claimant is entitled to any kind of losses arising from the defective car. These embrace compensatory damages, future therapeutic outlays and past checkup expenses. In most personal injury suits, “special damages” are also presented.
Manufacturer‘s Defenses Against A Defective Car Claim
The manufacturer may have a justification for a claim if they can establish that you knew about the malfunctioning condition but went ahead to operate the car. Some states may also forbid or limit your compensation if it is proven that you contributed to your injury (contributory or comparative negligence).
In addition, if you have changed or reworked your car in any way after purchasing it may hinder your aptitude of recovering damages.
Getting Legal Aid
Despite the steps that a dealer or manufacturer says it takes to design, assemble, or handle a car, you can make a liability claim if there is a defect in the motor vehicle. It is essential to seek advice from an experienced legal representative if you or someone you know suffers an injury as a result of a potentially faulty product. Get in touch with a skilled accident and injury lawyer to have your claim assessed.
The manner in which these parties are held accountable for a defective product injury involves multifaceted legal proceedings; thus it is essential to strengthen your defective product liability lawsuit by seeking qualified legal counsel.