Consumers use countless numbers of products every single day. Whether we’re jumping into the seat of our car or motorcycle, turning on a kitchen appliance, consuming food, or taking medications, we assume the manufacturers have conducted safety inspections and the necessary tests needed to ensure safety. We believe that the instructions we follow and the warnings listed are complete and satisfactory. The manufacturer can be held responsible when trauma, injury, or death occurs because of a product defect. We, as consumers, can file personal injury lawsuits or participate in a class action suit.
Product recalls occur regularly in motorized vehicles because a defect, especially one involving safety features, can prove deadly. Some of the most common vehicle defects subject to lawsuits include airbags, seatbelts, door latches, tire blowouts, motorcycles that “shake” when driven at high speeds, and roofs that crush too easily. Roll-overs are also well-known problems with sports utility vehicles.
To win a lawsuit, you will have to prove the following:
• You were injured or suffered some “loss”
• Your vehicle was dangerously designed or had a defect
• The defect or design was the cause of your injury
The last issue is the hardest to prove because the vehicle manufacturer can claim reckless driving caused the accident, not the vehicle or defect. But winning these types of cases is not impossible.
In some cases, you can file a product liability claim against the manufacturer and a traffic accident claim against the negligent driver. You do not have to choose between the two. When filing claims, you should include every type of legal claim in your case.
Victims often come together and file a class action lawsuit if the vehicle manufacturing defect is large enough and affects many people. If a group has already been formed, you may have the option to join an existing class action. There are many advantages to joining an existing lawsuit:
• The lawyers involved in the lawsuit usually have experience with big companies.
• Upfront costs to you are minimal or none.
• You do not need to personally handle complex legal issues, including where to file your claim.
Whether you join an existing lawsuit or file a claim individually, consider consulting one of the experienced auto accident lawyers at Eason & Tambornini. Legal and mechanical issues in defective vehicle cases can be complex and technical. We will help you sort through your options and give you the best options for your case.
