Everyone has seen or being privy to lawsuits where items are recalled due to some error of the manufacturers. Recently a large bean manufacturer ordered a recall of one if its products due to a flaw in the manufacturing of the can. While the beans themselves may not have been harmed during production, any issues involving the can could lead to something as unfortunate as ingesting medal during consumption. More are likely familiar with the manufacturer recalls where cars are concerned. The auto industry is subjected to something called strict liability. A strict liability claim based on a motor vehicle defect—without making any showing as to carelessness—if all three of the following conditions exist:
- The vehicle or one of its components had an “unreasonably dangerous” defect that injured you. The defect can come into existence either in the design of the vehicle, during manufacture, during handling or shipment (i.e. delivery from the manufacturer), or through a failure to warn consumers of a dangerous aspect of the vehicle.
- The defect caused an injury while the vehicle was being used in a way that it was intended to be used. For example, you may not be able to recover if a sports sedan were used to cross a stream.
- The vehicle had not been substantially changed from the condition in which it was originally sold. “Substantially” means in a way that affects how the vehicle performs.
The only way to be certain of the laws in your state and to quickly have the situation accessed, you must reach out to an attorney, like a personal injury attorney Atlanta GA trusts, in your area who can better advise you on the matter. An attorney will be able to better explain the act of foreseeable incident that could possibly caused you some harm. The company or agency is responsible for the manufacturing the product. It is their duty to gather as much research and information as possible to ensure that the necessary safety precautions are taken to ensure consumer safety. Experiencing an injury or fatality due to the poor manufacturing of something as important as the brake pedal in the car, an attorney with personal injury experience will be able to review the facts of the case and direct you on what will happen next. Your attorney will be able pinpoint the issue, determine what your options are, and with your help, devise a course of action that will aid in getting you the compensation you deserve.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into manufacturer’s defects.
