Defective Automobile Products
Auto accidents account for over 40,000 deaths annually in the US with nearly 3 million drivers, passengers and pedestrians suffering various types of auto-related injuries. Although most injury or fatal accidents are the result of drunk driving, speeding or driver error, many are caused by defective automobile products.
Product Liability Law
Like any other manufacturer of consumer goods, car manufacturers have a legal duty to make automobiles that are safe and are considered “crashworthy,” meaning that they will protect a car’s occupants in a serious accident and will not crumble, rollover, explode or catch on fire.
To establish a product liability claim in a defective automobile parts case, you must prove the following:
- That the product was defective
- The defect existed before the manufacturer placed the product on the market
- The product was not materially altered
- The defect was a substantial cause of your injury
An automobile part may have been defectively designed or manufactured. If you are able to show that an unreasonably dangerous defect did exist, that the product was used as intended and that you did not alter or change the product from its original condition, then strict liability principles may apply. This means that you do not need to provide any further proof of liability by the manufacturer or designer.
An unreasonable defect is one that an ordinary consumer would not expect to pose a dangerous risk when used in the manner intended or reasonably foreseen, or where the consumer had reasonable minimum safety expectations when using it.
Examples of Defective Auto Parts
Some of the more common defective automobile parts that have led to product liability claims include:
- Airbags that fail to deploy
- Defective tires
- Defective seats or seat back failure
- Faulty seat belts
- Gas tank explosions
- Defective tread separation of tires
- Roof crush
- Accelerator or brake malfunction
In many cases, there is notice that a model of car was defectively manufactured or designed or has a faulty product that is causing a high number of accidents. If the data supports this scenario, then the National Highway Traffic Safety Administration will order the manufacturer to issue a recall if none has already been issued. In some instances, the manufacturer will delay issuing the recall or it may not issue one at all.
If you suffered an injury and the car manufacturer failed to issue a recall or was slow in doing so, you may have a product liability claim.
Compensation in a Defective Automobile Products Claim
Many injuries from defective parts can cause devastating injuries that may permanently affect the injured victim and his or her family. You are entitled to compensation for your injuries including:
- Medical expenses, past and future
- Lost earnings, past and future
- Lost earning capacity
- Lost benefits
- Loss of consortium
- Pain and suffering
Proving your damages often requires expert medical and financial testimony, especially if your injuries are severe. To ensure that your damages are properly presented so that you receive the compensation you are entitled to, you will need competent and experienced legal representation from a personal injury lawyer in San Francisco from The Law Offices of Alex G. Tovarian.
Contact The Law Offices of Alex G. Tovarian
Injury cases involving defective automobile products demand aggressive legal representation. Car manufacturers are multinational corporations with seemingly inexhaustible resources to defend them against any kind of lawsuit. These cases require the experience and resources of a personal injury lawyer from The Law Offices of Alex G. Tovarian.
Call us today for a free, confidential consultation and case evaluation. We have the experience and knowledge to handle defective automobile product claims.