Automotive product liability generally falls under the category of product liability. According to products liability law , products that are sold into the stream of commerce are required to meet the ordinary expectations of consumers. What this means is that the production should work according to how a common purchaser would assume the product to work.

When a product is defective, or is considered in some way to be unsafe to the average consumer, the incident could result in a product liability lawsuit. In terms of a defective vehicle, this would be a defective motorcar lawsuit. Automotive product liability laws in general volition be further discussed below.

Generally speaking, a product liability claim involves a plaintiff filing against a accused in order to concord them responsible for providing a defective or dangerous product. This product must accept  injured the plaintiff when they used it co-ordinate to the manufacturer'due south directions and warnings. The defendant is well-nigh normally i of the following parties responsible for providing the production to consumers:

  •  Distributor;
  • Wholesaler;
  • Manufacturer; or
  • Retailer.

It is important to note that in some cases, it is not relevant whether the seller really acquired the defect. What really matters is if the retailer was part of the supply chain that provided the products to consumers. This would be known every bit a strict product liability lawsuit. A plaintiff may besides bring a claim for negligence , or a breach of express or implied warranties.

Types of Automotive Product Defects

A defective automotive is a specific type of defective production, as previously mentioned. Defective products could exist defined as those that are unreasonably dangerous when being used, for its intended purpose, without whatsoever alterations or interference on the role of the consumer. Defective products can cause injury to a person in the following ways:

  • Design defect;
  • Manufacturing defect; and/or
  • A marketing defect.

In terms of an automotive product defects case, most states include trucks, vans, buses, and motorcycles. Common claims for lacking motor vehicles involve a vehicle declining to perform co-ordinate to the proper industry standards. In some cases, the defects do not appear until after. An case of this would exist when the vehicle has already been operated, and has had some usage. This specific type of motor vehicle defect is commonly referred to as a latent defect .

A motor vehicle defect may also refer to any flaws that create prophylactic hazards, or could result in the injury of the vehicle'south driver or rider(due south). By this definition, aesthetic flaws are not generally the subject of a defective motor vehicle claim. An example of aesthetic flaws would exist a botched paint chore, or a misplaced decal.

Some examples of the well-nigh common examples of automotive product defects include, but may non be express to:

  • Restriction and gas pedal defects, such every bit pedals getting stuck or jammed;
  • Safety equipment defects, such as safety belt or airbag failure;
  • Cooling, fuel, and exhaust systems flaws;
  • Misaligned steering mechanisms;
  • Various structural problems, such as defects associated with the vehicle's frame, body, transmission, or engine assembly; and
  • Electrical and/or computer problems, such every bit defective keyless fobs.

These are considered to exist dangerous defects because they could pb to severe injury. Some examples of the nearly mutual vehicle defect injuries claims include:

  • Head, cervix, and spinal injuries;
  • Collarbone injuries, such as those due to defective seat belts and condom harness systems; and
  • Collision related injuries resulting from brake failure, such as whiplash.

In order to file a product liability claim for automotive product defects, it is not necessary for the vehicle to be inoperative. A specific example of this would be the previously mentioned "viscid" gas pedal; the vehicle is not technically inoperative, but information technology would be unsafe to operate the vehicle without first remedying the defect. To reiterate, in order to bring a legal claim, the injured party only must demonstrate that a portion of the vehicle was sufficiently defective to cause an injury.

Who Is at Mistake: Manufacturer or Dealership?

When determining whether to file a lawsuit against auto manufacturers, it is imperative to kickoff consider who else may actually be at mistake for the defective vehicle. Every bit previously discussed, product defects are well-nigh commonly categorized into one of iii means:

  • Blueprint Defect : The automotive product'due south defect was present earlier the product was even manufactured or assembled;
  • Manufacturing Defect : The automotive product has become dangerous, unsafe, or otherwise unfit for use, considering of how the product was constructed and/or assembled; and
  • Marketing Defect : The production's manufacturer failed to include adequate warnings and information in terms of the dangers associated with the use of the production.

In order to sue for an injury resulting from an automotive product defect, the plaintiff must prove that the vehicle had an unreasonably dangerous defect which was the crusade of their injury. Additionally, they must prove that they were using the vehicle properly; meaning, using the vehicle as it was intended to be used. Finally, the plaintiff will need to demonstrate that the vehicle was non substantially altered from the condition in which it was originally manufactured and sold.

Generally speaking, the injured political party must provide proof that the manufacturer was negligent or careless in some way. Because automotive product defect cases are usually based on the legal theory of product liability, information technology may be possible for the plaintiff to recover damages fifty-fifty if the vehicle's manufacturer did not actually intend for the injuries to manifest. This would only occur when the plaintiff meets the to a higher place elements, and remains truthful even if the manufacturer was not necessarily reckless in their actions (or lack thereof).

Recovering Amercement from the Manufacturer for My Blow

If a lawsuit is filed and the court determines that the manufacturer did in fact issue a lacking production, the plaintiff may exist granted a amercement award associated with their injuries. Such a damages award is generally intended to reimburse the plaintiff for costs associated with:

  • Hospital bills not covered by the plaintiff's health insurance;
  • Missed work because of the injury, such equally time abroad from work to seek medical treatment or recover; and
  • Any necessary therapy or rehab bills, such every bit concrete therapy costs.

Some especially serious automotive defective product cases may lead to a class action lawsuit , or a call back of the defective motor vehicle or part. For example, in the cases of faulty airbags, there take been course action lawsuits confronting both the machine and airbag manufacturers. Additionally, the court may lodge castigating amercement confronting the defendant in social club to discourage them from repeating their actions.

Practice I Demand a Lawyer?

If you have been injured because of a defective automotive product, you should consult with an experienced and local car  lawyer as soon equally possible. Because state laws can vary widely in terms of product liability and personal injury, it is important that y'all work with an experienced and local personal injury chaser and then that you receive the most relevant legal communication.

An experienced and local personal injury chaser tin review the facts of your instance, determine who should be on the receiving cease of a lawsuit. Finally, an attorney will also be able to help you get together all necessary evidence, and will also be able to represent you in court, as needed.