Auto manufacturing defects are much more common than many people realize and have been the cause of countless automobile accidents over the decades. Many defective parts have been identified and listed on the Consumer Protection Agency website to assist both vehicle owners and personal injury attorneys when accidents happen as a result of defective automotive parts.
There has been a rash of problems in the past few years, with the most significant being the Takata airbag recalls. Similar problems have happened due to brake deficiencies, sticking accelerators, and other car parts prior to the airbag reports. An injured claimant does not always understand when a product liability claim can be applied, but an experienced personal injury auto accident attorney should understand the process.
Filing a Product Liability Claim
Many car owners are automatically alerted when their vehicle is listed in the CPA database because many auto manufacturers are quick to act when there is a problem with one of their products. Manufacturers send out notices and publish press releases for consumers to be aware of a potential problem. However, when an accident occurs in an isolated accident situation, the parts manufacturers commonly defend a claim vigorously. This is often due to one or more of the following reasons:
- If a manufacturer admits fault in one accident, it can set a precedent for claims resulting from other, similar accidents.
- Product liability attorneys understand that a defective auto part that causes an accident can greatly enhance the value of a personal injury or wrongful death claim.
For these reasons, winning a product liability claim usually requires the experience of a product liability attorney who can craft a solid case for their client.
Strict Liability Doctrine
The United States court system requires that all auto parts manufacturers be held responsible for the proper functioning of their products at the time they are placed on the market. Defective products claims are subject to strict liability when a lawsuit is filed, meaning basically it is not incumbent on the plaintiff legal counsel to prove negligence on the part of the car manufacturer or the parts manufacturer.
- All companies within the product delivery chain could potentially be liable for damages when a defective auto part is the cause of an auto accident.
- Many companies do not perform due diligence when testing certain products which results in bad parts making it to the car manufacturer on a regular basis.
Maximizing the Value of Your Claim
Product liability claims are no undertaking for the average injured claimant, even when the part is listed on the recall list. Claims are still highly contested. Some cases can even involve parts that are covered under a predesignated trust fund that can make the case somewhat easier. But, the plaintiff’s counsel must still connect the injury to the product. It is important to consider retaining an experienced and aggressive product liability and injury lawyers Charlottesville VA trusts can maximize your claim significantly. The possibility of being made financially whole following an accident is much greater when a product liability claim can be attached to a typical auto accident claim.
Thanks to our friends and contributors from MartinWren, P.C. for their insight into automobile litigation.